Meeder v. Provident Savings Life Assurance Society
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 16, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court 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.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 16, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court 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. Under a complaint pleading performance of the conditions of a contract, evidence of facts in excuse of non-performance is inadmissible. (Clark v. Post, 113 N. Y. 17; Southwick v. F. Nat. Bank, 84 N. Y. 420; Truesdell v. Bourke, 145 N. Y. 612; Neu…
1Opinion of the CourtO’Brien, J.
The defendant on the 17th day of February, 1896, by its policy of insurance, insured the life of one Dambman for three thousand dollars, payable to one Drentel, a creditor of the insured, or to his legal representatives, within sixty days after proof of death. On the 22d day of April, 1899, the insured died owing the creditor for whose benefit the policy was issued the full sum payable by the terms of the policy. There is no dispute with respect to the debt of the beneficiary or the presentment of due proof of death. The action is defended on the sole ground that the quarterly premium that…
2Cited by19 opinions
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- Tamily v. General Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Feinberg v. AllenAppellate Division of the Supreme Court of the State of New York · 1911
- Knight v. KnightAppellate Division of the Supreme Court of the State of New York · 1969
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