Hoar v. Union Mutual Life Ins. Co.
Appellate Division of the Supreme Court of the State of New York
Memos' by the defendant, The Union Mutual Life Insurance Company, for a new trial under section 1001 of the Code of Civil Procedure after the entry of an interlocutory judgment in the office of the clerk of the county of Ulster on the -23d day of July, 1906, upon the decision of the court rendered after a trial at the Ulster Special Term. The action is brought upon two policies of insurance, upon the life of John W. Kerr, now deceased.
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Memos' by the defendant, The Union Mutual Life Insurance Company, for a new trial under section 1001 of the Code of Civil Procedure after the entry of an interlocutory judgment in the office of the clerk of the county of Ulster on the -23d day of July, 1906, upon the decision of the court rendered after a trial at the Ulster Special Term. The action is brought upon two policies of insurance, upon the life of John W. Kerr, now deceased. The first policy was issued on July 1, 1869, for the sum of $3,000, with an annual premium of $213 due the first day of July in each year for ten years. This…
1Opinion of the Court
Kellogg, J.:
By the contract of insurance between the company and the husband, he agreed to make certain annual payments on each July first for ten years, in consideration of which it was to pay the wife the amount of the policy upon his death. Whether she would ever realize anything upon the contract depended upon the mariner in which he performed his contract. She stood iñ no contract relations with the company, except that as the beneficiary of her husband-she was to reap the benefits of his performance. . Hot one of the cash payments provided for by the policy was made by the husband. He…
2Cited by2 opinions
- In re Wegman Piano Co.District Court, N.D. New York · 1915
- Sawyer v. MarmaroNew York Supreme Court · 1929