Miesell v. . Globe Mutual Life Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury. This action was brought upon a policy of insurance, issued by defendant, upon the life of Philip A. Miesell, plaintiff’s intestate. The policy was issued August 28, 1873, the premiums were made payable quarterly.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury. This action was brought upon a policy of insurance, issued by defendant, upon the life of Philip A. Miesell, plaintiff’s intestate. The policy was issued August 28, 1873, the premiums were made payable quarterly. By its terms a special grace of thirty days was allowed on the payment of renewal premiums. Receipts for premiums were not valid unless signed by defendant’s president,…
1Opinion of the CourtFolger, J.
The 28th day of February, 1874, was one of the quarter-days fixed by the policy for a payment of premiums. Thirty days grace was given by the policy for each quarter payment. When thirty days had elapsed from that day, without payment of the premium haying been made, the policy became void. It seems to be conceded that the payment to the agent of the amount of the premium due on that day was not an effectual payment to the defendant, and that the policy ceased to be binding upon it. It seems also to be conceded that it was in the power of the defendant to waive the forfeiture of the policy by…
2Cases cited2 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
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- Thompson v. . Postal Life Ins. Co.New York Court of Appeals · 1919
- Dennis v. Massachusetts Benefit Ass'nNew York Court of Appeals · 1890
- Campbell Printing-Press Co. v. ThorpU.S. Circuit Court for the District of Eastern Michigan · 1888
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