Stevens v. Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mutual Life Insurance Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Wyoming on the 19th day of June, 1917, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 28th day of April, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Merrell, J. (dissenting):
Plaintiffs have recovered judgment against defendant in the aggregate amount of $11,802.13 upon five paid-up policies of fife insurance issued by the defendant to plaintiffs’ testator on January 24, 1900, and all of which policies plaintiffs insist were in full force at the time of the death of the assured, *640which occurred on March 14, 1916. The defense interposed was that said several policies had been delivered to defendant as collateral security for a loan made by defendant to the assured upon each policy as evidenced by a loan agreement executed by the assured as…
2Cases cited4 opinions
- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Supreme Court · 1895
- Fowler v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1889
- Clare v. . Mutual Life Ins. Co.New York Court of Appeals · 1911
- Pneumatic Signal Co. v. Texas & Pacific Railway Co.New York Court of Appeals · 1910