Carter v. . Brooklyn Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made the first Monday of January, 1885, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel the defendant to accept a payment of premium upon a policy of insurance issued by it upon the life of plaintiff and to reinstate the policy which it had declared to be forfeited.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made the first Monday of January, 1885, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel the defendant to accept a payment of premium upon a policy of insurance issued by it upon the life of plaintiff and to reinstate the policy which it had declared to be forfeited. The facts, so far as material, are stated in the opinion. The time of payment of premiums was material, and the essence of…
1Opinion of the Court
Ruger, Ch. J.
The plaintiff is a resident of the city of Albany, in the state of Georgia, and the defendant a life insurance company located and doing business in the city and state of Hew York. In the year 1870 the defendant issued and delivered to the plaintiff an insurance policy upon his life for $5,000, “in consideration of the representations and agreements contained in the application therefor, and of the sum of twenty-one dollars and ninety-five cents to them in hand paid * * * « and of the annual payment of eighty-two dollars and eighty cents to be paid on or before the twenty-fifth…
2Cases cited1 opinion
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
3Cited by26 opinions
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Mutual Life Ins. Co. of NY v. CohenSupreme Court of the United States · 1900
- Phelan v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1889
- Supreme Council Catholic Benevolent Legion v. GroveIndiana Supreme Court · 1911
- Hicks v. National Life Ins.Court of Appeals for the Second Circuit · 1894
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