Prall v. Mutual Protection Life Assurance Society
New York Court of Common Pleas
Appeal by plaintiff from a judgment of this court dismissing the complaint, entered by direction of the court at trial term. The action was brought by the plaintiff as assignee of "Wesley E. Shader, on a life insurance policy on Shader’s life. The defense (among other things) was that the policy had never been delivered to Shader, and that the consideration for the issuing of the policy had never been paid.
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Appeal by plaintiff from a judgment of this court dismissing the complaint, entered by direction of the court at trial term. The action was brought by the plaintiff as assignee of "Wesley E. Shader, on a life insurance policy on Shader’s life. The defense (among other things) was that the policy had never been delivered to Shader, and that the consideration for the issuing of the policy had never been paid. On the trial the plaintiff produced in court a policy on Shader’s life, duly executed by the defendant, which recited that it was made in consideration of $12 56, “ duly paid by Wesley E.…
1Opinion of the Court
Daly, Chief Justice.
The possession of the policy by the assured affords, in the absence of anything to the contrary, a presumption that it was delivered as evidence of a concluded contract. But the plaintiff was met by the difficulty in this -case, that the last clause in the instrument produced by him, ■declared that “ the policy was to take effect only when countersigned by B. G. Bloss, general agent at-,” the place .being left blank, and there can be no presumption of a concluded contract from the possession,, where the instrument has not been ■countersigned in the manner provided for.…
2Cases cited1 opinion
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
3Cited by3 opinions
- Elliot v. Grand Lodge Ancient Order of United WorkmenCourt of Appeals of Kansas · 1895
- Rogers v. American National InsuranceSupreme Court of Georgia · 1916
- Taggert v. Security Insurance Co. of New HavenAppellate Division of the Supreme Court of the State of New York · 1950