Legal Opinion

Anderson v. . Goldsmidt

New York Court of Appeals

Decided December 17, 1886PublishedCited by 12 opinions

Appeal from judgmentof the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 15, 1885, which affirmed a judgment for plaintiff on a trial at Special Term without a jury. (Reported below, 38 Hun, 360.) The nature of the action and the material facts are stated in the opinion. The policy in suit is under the statute and protected by it. (Eadie v. Slimmon, 26 N. Y. 9, 16; Perry v. Eq. L. Ass.

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Appeal from judgmentof the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 15, 1885, which affirmed a judgment for plaintiff on a trial at Special Term without a jury. (Reported below, 38 Hun, 360.) The nature of the action and the material facts are stated in the opinion. The policy in suit is under the statute and protected by it. (Eadie v. Slimmon, 26 N. Y. 9, 16; Perry v. Eq. L. Ass. Soc., 59 id. 581; Brummer v. Cohn, 86 id. 11; Wilson v. Lawrence, 16 id. 585; 13 Hun, 238.) The assignment relied upon by plaintiff is void, because…

1Opinion of the CourtEarl, J.

On the 31st of May, 1870, the Germania Life Insurance Company issued to Barbara Goldsmidt an endowment policy upon the life of her husband, Joseph Goldsmidt, for $1,000, payable May 31, 1885, or within sixty days after due notice and proof of Ms death, should he die before that time. The policy, among other things, provided, that “ in case of the death of the said Barbara Goldsmidt before the decease of the said Joseph Goldsmidt, the amount of said insurance shall be payable after her death to her children, for their use, or to their guardian, if under age; or, if she shall have no, children,…

2Cited by12 opinions

  1. Walsh v. Mutual Life InsuranceNew York Court of Appeals · 1892
  2. In re DiackDistrict Court, S.D. New York · 1900
  3. Dudley v. Fifth Avenue Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
  4. Spencer v. MyersNew York Supreme Court · 1893
  5. Grems v. TraverNew York Supreme Court · 1914

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