Walsh v. Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1891, which reversed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to the complaint herein, and which sustained the demurrer and directed judgment for the defendant. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1891, which reversed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to the complaint herein, and which sustained the demurrer and directed judgment for the defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The policy having been made payable to the wife, if living at the death of the husband, with a substitutionary clause making it payable to her children, in case she should die before…
1Opinion of the CourtGray, J.
The complaint sets forth the issuance by the defendant of a policy of insurance, whereby it insured the life of Traub, for the sole use of his wife Kica, in a sum named, and promised to pay the amount to her, as the assured, “ if living, in conformity with the statute, and if not living, to her children or their guardian, etc.’? It further showed these facts, namely, that at that time the Traubs had three children living; that Bessie, a daughter, died, first, intestate, and leaving a husband and children; then the wife died; then Solomon, a son,- died intestate, and leaving a widow and…
2Cases cited5 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- St. John v. . the American Mutual Life Insurance Co.New York Court of Appeals · 1855
- United States Trust Co. v. Mutual Benefit Life InsuranceNew York Court of Appeals · 1889
- Anderson v. . GoldsmidtNew York Court of Appeals · 1886
3Cited by33 opinions
- Millard v. BraytonMassachusetts Supreme Judicial Court · 1901
- Bradshaw v. . Mutual Life Ins. Co.New York Court of Appeals · 1907
- Wokal v. BelskyAppellate Division of the Supreme Court of the State of New York · 1900
- Travelers' Insurance v. HealeyAppellate Division of the Supreme Court of the State of New York · 1898
- Davis v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1912
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