Skudera v. Metropolitan Life Insurance
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of nonsuit rendered by the District Court, in the city of New York, for the fourth judicial district.
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Appeal from a judgment of nonsuit rendered by the District Court, in the city of New York, for the fourth judicial district. Action to recover, as for money had and received by the defendant to her use, all the premiums paid-by the plaintiff upon five certain policies of life insurance which were issued by the defendant and which, as alleged, it severally and wrongfully assumed to ■forfeit for the insured’s nonperformance of a condition subsequent the payment of a subsequently accrued premium at maturity.
1Opinion of the CourtBischoff, J.
The action was in assumpsit to recover the premiums paid upon five several policies of life insurance which were alleged-to have been wrongfully forfeited by the insurer; and the judgment appealed from being one of nonsuit the plaintiff is entitled to a construction of the evidence most favorable to her. McNally v. Phoenix Ins. Co., 137 N. Y. 389.
*368Observing the rule stated, the case, as developed upon the trial, was that during the years 1882 and 1883-the plaintiff effected five policies of life insurance in the defendant company, upon each of which policies she regularly paid the weekly…
2Cases cited7 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
- Day v. Connecticut General Life InsuranceSupreme Court of Connecticut · 1878
- Hayner v. American Popular Life InsuranceNew York Court of Appeals · 1877
- Delavigne v. United InsuranceNew York Supreme Court · 1800
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Langan v. American Legion of HonorNew York Supreme Court · 1901
- Provident Savings Life Assur. Society of New York v. EllingerCourt of Appeals of Texas · 1913
- Gile v. Interstate Motor Car Co.North Dakota Supreme Court · 1914
- Gilbert v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- Clifford v. Protective Life Ass'nNew York Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.