Campbell v. International Life Assurance Society of London
The Superior Court of New York City
The parties to this controversy are Jane Campbell, executrix, &e., of Daniel Campbell, deceased, plaintiff, and The International Life Assurance Society, of London, defendants. It was submitted to the court under section 872 of the Code.
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The parties to this controversy are Jane Campbell, executrix, &e., of Daniel Campbell, deceased, plaintiff, and The International Life Assurance Society, of London, defendants. It was submitted to the court under section 872 of the Code. The Case upon which the parties agreed, as containing the facts on which the controversy depends, exclusive of" the affidavits showing “ that the controversy is real and the proceeding in good faith to determine the rights of the parties,” is in the words and figures following, viz.: “ First. The defendants herein are a Society established under the laws of…
1Opinion of the Court
By the Court—Hoffman, J.
The question is, whether the tender of the premium on the 29th of June, 1856, being Monday, was sufficient to keep the policy in force. That question will be first considered, upon the terms of the policy merely, irrespective of the letter of the agent and other facts.
1. By one clause of the policy, it is provided that the yearly premium for such assurance is $65.40, and that the said Daniel Campbell hath paid the sum of $65.40, being the annual premium for such insurance, to wit, for the term of twelve months, ending the 28th day of May, 1851.
In the margin of the…
2Cases cited11 opinions
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Salter v. BurtNew York Supreme Court · 1838
- Sayles v. SmithNew York Supreme Court · 1834
- Sands v. LyonSupreme Court of Connecticut · 1846
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