Fowler v. . Metropolitan Life Ins. Co.
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 June 28, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court.
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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 June 28, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. This action was upon a policy of insurance, dated September 12, 1812, issued by the defendant upon the life of Lindly H. Fowler, for the sum of $1,500. A prior policy had been issued by the defendant upon the life of the same person for $10,000, dated March 6,1869, and numbered 2046, which contained a provision ‘that if after receiving three or more annual…
1Opinion of the CourtBrown, J.
We are unable to find any ground upon which to sustain the judgment in this action. The interest upon the note was not tendered to the defendant until the day following that upon which, by the terms of the policy, it was made payable, and by the express condition of the contract the policy was forfeited.
A long line of' authorities has settled the law to be that when it is expressly provided that the premium on a life insurance policy shall be paid on or before a certain day, and in default thereof .the policy shall be void, that the non-payment of the premium upon the day named works a…
2Cases cited9 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Attorney-General v. North America Life InsuranceNew York Court of Appeals · 1880
- Howell v. . the Knickerbocker Life Ins. Co.New York Court of Appeals · 1871
- Robertson v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Manhattan Life Ins. v. WrightCourt of Appeals for the Eighth Circuit · 1903
- Liverpool, London & Globe Insurance v. T. M. Richardson Lumber Co.Supreme Court of Oklahoma · 1902
- Mutual Reserve Fund Life Ass'n v. Cleveland Woolen MillsCourt of Appeals for the Sixth Circuit · 1897
- Illinois Life Insurance v. McKayCourt of Appeals of Georgia · 1909
11 more not listed; retrieve them via the Exa API.