Fowler v. . Butterly
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was originally brought by plaintiff against the North American Life Insurance Company, upon a policy issued by it on the lile of Nicholas Butterly.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was originally brought by plaintiff against the North American Life Insurance Company, upon a policy issued by it on the lile of Nicholas Butterly. By order .of the court, and upon payment of the amount of the policy into court, the present defendant, the widow of the assured, who claimed to be entitled to the fund, was substituted as defendant. By the terms of the policy said company…
1Opinion of the CourtMiller, J.
The policy which constitutes the subject of controversy in this action was issued to assure the life of Nicholas Butterly, “until the sixth day of September in the year 1882, or until his decease, in case of his death before that time.” In the latter event before the time named, the insurance company promised to pay the amount insured to “Henrietta Butterly, his wife, if living, otherwise to Alice Y. Butterly, daughter of the assured.” It will be seen that the policy was not alone for the benefit of the husband, but contained two separate and independent provisions. One of these was for his…
2Cited by24 opinions
- West v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1908
- Fairbanks v. SnowMassachusetts Supreme Judicial Court · 1887
- Foster v. GileWisconsin Supreme Court · 1880
- Commonwealth Trust Co. v. DuMontimerMissouri Court of Appeals · 1916
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
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