Legal Opinion

McCoy v. Mutual Reserve Life Ins.

City of New York Municipal Court

Decided June 5, 1903Published

Appeal from Special Term, New York County. Action by Jonathan McCoy and others, as executors, etc., of the estate of John Boyd Eliot, against the Mutual Reserve Life Insurance Company. From an order vacating an order for the examination of defendant’s officers before trial, plaintiffs appeal.

1Opinion of the CourtMcLAUGHLIN, J.

This action was brought by Mary F. King as the beneficiary named in and the assignee of a policy of life insurance issued upon the life of one John Boyd Eliot to recover the amount specified therein. The complaint set forth the issuance of the policy, the interest of the plaintiff therein, performance by her and the insured of all the conditions on their part to be performed, the death of the insured, and the service of notice thereof upon the defendant, together with the neglect and refusal of defendant to pay the amount specified in the policy. It further set forth that by the terms of the…

2Cases cited4 opinions

  1. Presbrey v. Public Opinion Co.Appellate Division of the Supreme Court of the State of New York · 1896
  2. Commercial Publishing Co. v. BeckwithAppellate Division of the Supreme Court of the State of New York · 1901
  3. Press Publishing Co. v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1898
  4. McGuire v. McGuireAppellate Division of the Supreme Court of the State of New York · 1901

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