Mallory v. . the Travelers' Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the second judicial district, affirming a judgment entered upon verdict in favor of plaintiff. This action is brought upon an accident policy of insurance issued upon the life of W. S. Mallory for the sum of $2,000, for the benefit of and made payable to plaintiff.
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Appeal from judgment of the General Term of the second judicial district, affirming a judgment entered upon verdict in favor of plaintiff. This action is brought upon an accident policy of insurance issued upon the life of W. S. Mallory for the sum of $2,000, for the benefit of and made payable to plaintiff. By the policy the defendant agreed to pay the sum insured, and “ within ninety days after sufficient proof, that the insured at any time within the term of this policy, shall have sustained personal injury caused by any accident within the meaning .of this policy and the conditions…
1Opinion of the CourtGrover, J.
The question whether the plaintiff had an insurable interest in the life of the deceased does not arise in this case. The insurance was upon the life of W. S. Mallory. The policy was procured by him, and he paid the premium therefor, and made the loss payable to the plaintiff (his daughter) or legal representatives. This, in effect, was a policy procured by him upon his own life, and an assignment thereof to the plaintiff. (Grosvenor v. The Atlantic Fire Ins. Co., 17 N. Y., 391; Rawls v. American Mutual Ins. Co., 27 N. Y., 282.) There was no error in denying the defendant’s motion for a…
2Cases cited3 opinions
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
3Cited by98 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
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