Legal Opinion

Tooker v. Security Trust Co.

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

Decided February 15, 1898PublishedCited by 4 opinions

Appeal from special term, Westchester county. Action by Joseph H. Tooker, Jr., against the Security Trust Company, on a policy of life insurance issued by the defendant company. From a judgment in favor of plaintiff, defendant appeals.

1Opinion of the CourtGoodrich, P. J.

The plaintiff is the assignee of a policy of $5,000 insurance written by the defendant, a Pennsylvania corporation, on the life of the plaintiff’s father. In January, 1896, the father made application in writing to the defendant, through Seymour L. Bau, for insurance on his life to the amount of $5,000. Two policies, of $5,000 each, and numbered 597 and 598, were delivered by the defendant to Fleming & Kell, its general agents and managers in the city of New York, who had full power and were authorized by the defendant to effect insurance by such insurance policies upon the life of the…

2Cases cited4 opinions

  1. Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
  2. Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
  3. O'Farrell v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
  4. Chinnery v. United States Industrial InsuranceAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by4 opinions

  1. Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
  2. Bini v. SmithAppellate Division of the Supreme Court of the State of New York · 1899
  3. Genung v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
  4. Sternaman v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900

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