Harris v. Equitable Life Assurance Society of United States
New York Court of Appeals
Appeal from, order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict. (Reported below, 3 Hun, 724; 6 T. & C., 108.) This action was upon a policy of life insurance issued by defendant upon the life of plaintiff’s wife for $3,000, payable to plaintiff. The policy contained a clause forfeiting it in case of nonpayment of premiums at or before the time specified therein.
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Appeal from, order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict. (Reported below, 3 Hun, 724; 6 T. & C., 108.) This action was upon a policy of life insurance issued by defendant upon the life of plaintiff’s wife for $3,000, payable to plaintiff. The policy contained a clause forfeiting it in case of nonpayment of premiums at or before the time specified therein. The amount insured was to be paid in sixty days after proof of death. The premiums were to be paid quarterly. On March 28, 1870, at which…
1Opinion of the CourtMiller, J.
It must be concéded that a fraud was committed by the plaintiff upon the defendant, by representations made as to the health of the assured at the time when the back premiums were paid and accepted; and the policy which had been forfeited, by reason of a failure to pay the premiums as they became due, was sought to be restored to its former condition. A single question, therefore, arises upon this appeal, and that is, whether the judge erred in holding that the defendant was bound, upon the discovery of the fraud, to return the premiums and to disaffirm the new contract, and never having done…
2Cases cited1 opinion
- Allerton v. . AllertonNew York Court of Appeals · 1872
3Cited by23 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Sanford v. Royal InsuranceWashington Supreme Court · 1895
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Thackrah v. HaasSupreme Court of the United States · 1886
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