Smillie v. . Quinn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 25 Hun, 332.) The nature of the action and the material facts are stated in the opinion. The assignments made by Mrs. Tetens to the plaintiff, prior to the death of her husband, were absolutely void.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 25 Hun, 332.) The nature of the action and the material facts are stated in the opinion. The assignments made by Mrs. Tetens to the plaintiff, prior to the death of her husband, were absolutely void. (Barry v. Eq. L. Ins. Soc., 59 N. Y. 587; Eadie v. Slimmon, 26 id. 9; Wilson v. Lawrence, 76 id. 585; Fowler v. Butterfly, 78…
1Opinion of the CourtEarl, J.
On the 13th day of November, 1866, the Equitable Life Assurance Society issued a policy of insurance upon the life of Louis Tetens, for the sum of $5,000, payable on his death to his wife Mary Ann Tetens, for her sole use, if living, in conformity with the statute, and if not living, to the children of Louis Tetens. On the 29th day of January, 1878, the company issued another policy containing similar provisions on the life of Louis Tetens, for $10,000. Both policies were issued on the application of Mr. Tetens, and he paid all the premiums prior to March 22,1878. On that day Mrs. Tetens…
2Cases cited3 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Legro v. LordSupreme Judicial Court of Maine · 1833
- Whiting v. BarrettNew York Supreme Court · 1872
3Cited by21 opinions
- Jackson v. TallmadgeNew York Court of Appeals · 1927
- Amberg v. . Manhattan Life Ins. Co.New York Court of Appeals · 1902
- Ellison v. StrawWisconsin Supreme Court · 1903
- Frank v. . Mut. L. Ins. Co. of New YorkNew York Court of Appeals · 1886
- Grems v. TraverNew York Supreme Court · 1914
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