Peacock v. New York Life Insurance
The Superior Court of New York City
This action comes before the Court, at General Term, on a motion, by the defendants, for a new trial, on questions of law, arising upon exceptions taken at the trial, and there ordered to be heard in the first instance at the General Term, and the entry of judgment to be, in the mean time, suspended; (the plaintiff having recovered a verdict for $5-865 28). The action was brought to recover the sum of $5,000 (with interest), insured by the defendants upon the life of John C.…
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This action comes before the Court, at General Term, on a motion, by the defendants, for a new trial, on questions of law, arising upon exceptions taken at the trial, and there ordered to be heard in the first instance at the General Term, and the entry of judgment to be, in the mean time, suspended; (the plaintiff having recovered a verdict for $5-865 28). The action was brought to recover the sum of $5,000 (with interest), insured by the defendants upon the life of John C. Ryan, deceased. The policy is dated the 8th day of March, 1853; premium $160 per annum, payable in advance on the 28th…
1Opinion of the CourtBy the Court. Woodruff, J.
The policy of insurance— the representations which are declared to be the basis of the contract' of insurance, and the certificate of renewal must be construed together. This is only in accordance with the necessary *345intent of the parties. The very term renewal, or “ renewed,” imports the continued existence of the previous contract, and necessarily refers to its provisions. If there is nothing expressed in the terms of renewal inconsistent with the pre-existing agreement, or the conditions in reference to which it is made, then clearly the act of renewal brings again into full legal effect…
2Cited by5 opinions
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