Thompson v. . Postal Life Ins. Co.
New York Court of Appeals
Appeal from a judgment entered July 23, 1917, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCardozo, J.
The plaintiff sues upon a policy of life insurance issued by one of the defendants and afterwards assumed by the other. The insurance was on the life of one Charles T. Thompson, and was payable to his wife. Premiums were paid and accepted for more than fifteen years. In the end a delay of six days provoked a forfeiture of the policy. A quarterly payment of $26.10 fell due on June 4, 1912. A period of grace extended the time of payment till July 4, 1912. Payment tendered on July 10, 1912, was rejected by the insurer on the ground that the policy had lapsed. The notice required by section 92 of…
2Cases cited12 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Crawford v. . Mail Express Publishing Co.New York Court of Appeals · 1900
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Levy v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Harris v. New York Life InsuranceCourt of Chancery of Delaware · 1943
- Kennedy v. Occidental Life InsuranceCalifornia Supreme Court · 1941
- Kahn v. Continental Casualty Co.Illinois Supreme Court · 1945
- Rothschild v. N. Y. Life InsuranceSuperior Court of Pennsylvania · 1932
26 more not listed; retrieve them via the Exa API.