Legal Opinion

Russell v. Prudential Insurance of America

New York Court of Appeals

Decided October 6, 1903PublishedCited by 30 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 26, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying defendant’s motion for a nonsuit. (1 May on Ins. § 144; Allen v. G. A. Ins. Co., 123 N. Y. 6; Quinlan v. P. W. Ins.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 26, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying defendant’s motion for a nonsuit. (1 May on Ins. § 144; Allen v. G. A. Ins. Co., 123 N. Y. 6; Quinlan v. P. W. Ins. Co., 133 N. Y. 356; Walsh v. H. Ins. Co., 73 N. Y. 11; Moore v. N. Y. B. F. Ins. Co., 130 N. Y. 543; Forward v. C. Ins. Co., 142…

1Opinion of the CourtBartlett, J.

The defendant is an insurance corporation organized in Eew Jersey, conducting two classes of insurance, one known as the “ industrial ” and _ the other “ ordinary ” insurance. Under the former plan small policies are issued upon which weekly payments are paid; under the latter larger policies are issued, the premiums being payable annually, semi-anmially or quarterly.

The plaintiff sued to recover on a policy issued on the life of her deceased husband under the “ ordinary ” plan. The defendant was represented in this state by one Charles H. Tennant as general agent at Syracuse. Tennant’s…

2Cases cited1 opinion

  1. Jewelers' Mercantile Agency v. Jewelers' Weekly Publishing Co.New York Court of Appeals · 1898

3Cited by30 opinions

  1. Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
  2. Jackson v. Mishkin (In Re Adler, Coleman Clearing Corp.)District Court, S.D. New York · 2001
  3. Life & Casualty Ins. v. KingTennessee Supreme Court · 1917
  4. McClelland v. . Mutual Life Ins. Co.New York Court of Appeals · 1916
  5. Whipple v. . Prudential Ins. Co.New York Court of Appeals · 1917

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