Legal Opinion · Dissent

Ryer v. Prudential Insurance of America

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1905Published

Judgment and order of the City Court of Yonkers affirmed, with, costs, on the authority of Ryer v. Prudential Insurance Co. (85 App. Div. 7).

1DissentJenks, J.

The defendant pleaded the period of limitation provided in the contract of insurance, which was as follows: “ 8th. No suit or action at law or in equity shall be maintainable with respect to the payment of this policy, until after the filing in the principal office of the company of the above-mentioned proof of death, nor unless such suit or action shall be commenced within six months next after the decease of the person insured under this policy, and it is expressly agreed that, should any suit or action be commenced after the expiration of said six months, the lapse of time shall be deemed…

2Cases cited7 opinions

  1. Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
  2. In Re the New York Institution for the Instruction of the Deaf & DumbNew York Court of Appeals · 1890
  3. Benoit v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
  4. People v. LutherNew York Supreme Court · 1828
  5. Porter v. . PierceNew York Court of Appeals · 1890

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