McDougall v. Provident Savings Life Assurance Society
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1892, which denied defendants’ motion for a new trial, overruled exceptions ordered to he heard in the first instance at General Term, and ordered judgment for plaintiff upon a verdict. 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 fifth judicial department, entered upon an order made June 23, 1892, which denied defendants’ motion for a new trial, overruled exceptions ordered to he heard in the first instance at General Term, and ordered judgment for plaintiff upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The policy upon which this suit is brought is a contract of a peculiar character, pertaining exclusively'to the exceptional nature of the business done by' the defendants. If, according to its…
1Opinion of the Court
“ Gray, J.
This action is to enforce the payment of the sum secured in a policy of insurance, issued by the defendant to the plaintiffs’ intestate on July 23, 1884. By its terms the defendant promised to pay to the assured, or to his legal representatives, the sum of $10,000, Avithin ninety days after satisfactory proof of his death, “provided such death shall occur before 12 o’clock noon on the 23d day of July, 1885.” Defendant further promised “ to renew and extend this insurance during each successive year from the date thereof, upon condition that the assured shall pay, on or before the…
2Cases cited1 opinion
- Phelan v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1889
3Cited by24 opinions
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
- Nederland Life Insurance v. MeinertSupreme Court of the United States · 1905
- Halliday v. Equitable L. Assur. Soc.North Dakota Supreme Court · 1926
- Hicks v. National Life Ins.Court of Appeals for the Second Circuit · 1894
- Donald W. Maloney as Trustee in Bankruptcy of Eastern Footwear Corporation v. John Hancock Mutual Life Insurance CompanyCourt of Appeals for the Second Circuit · 1959
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