Schuell v. Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Philipp Schuell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of February, 1900, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint upon the merits. This appeal was transferred from the second department to the first department.
1Opinion of the Court
O’Bbien, J.:
The action was brought upon a policy of insurance issued on the life of James S. Lentzy, on which only two premiums had been paid. The defense was lapse, based upon the conceded non-payment of the third premium. This was sought to be excused by the plaintiff on the ground that no notice was sent after the due date of the premium, and that Lentzy died within a supposed year of grace.
The facts are not disputed, and but two questions are presented : First, as to the sufficiency of the notice sent requiring the payment of the premium, for the failure to pay which the policy was…
2Cases cited2 opinions
- Phelan v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1889
- McDougall v. Provident Savings Life Assurance SocietyNew York Court of Appeals · 1892
3Cited by4 opinions
- Liesny v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1915
- Liesny v. Metropolitan Life InsuranceNew York Supreme Court · 1914
- Summit v. United States Life InsuranceSupreme Court of Iowa · 1904
- Flint v. Provident Life & Trust Co.New York Supreme Court · 1912