Dutton v. Willner
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 defendant, entered upon the decision of the court upon trial without a jury. This action was brought to compel defendant to account for certain moneys alleged to have been received by him as agent, and upon a policy of insurance upon the life of plaintiffs intestate, Ormond H. Dutton.
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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 defendant, entered upon the decision of the court upon trial without a jury. This action was brought to compel defendant to account for certain moneys alleged to have been received by him as agent, and upon a policy of insurance upon the life of plaintiffs intestate, Ormond H. Dutton. Said Dutton had a policy of insurance upon his life for $5,000, issued by the National Life Insurance Company of Montpelier, Yt. In 1863, not desiring to continue the policy, he…
1Opinion of the CourtRapallo, J.
It is very clear that the policy upon which the defendant collected the money in dispute in this action was a renewal or reissue of the original policy, Ho. 1,394, upon the life of O. H. Dutton, which had been intrusted by him to the defendant for the purpose of being canceled. After the surrender of the original policy by ike defendant to the insurance company, but before the notes of O. H. Dutton securing the payment of one-half the premium had been canceled or surrendered, and while they were in the hands of Mr. Phelps, the defendant and George D. Dutton (through George D. Dutton) applied…
2Cases cited7 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Duvall v. CraigSupreme Court of the United States · 1817
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Burtis Ringo v. Charles BinnsSupreme Court of the United States · 1836
- Bartholemew v. LeechSupreme Court of Pennsylvania · 1838
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