Hutchings v. . Miner
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the eighth judicial district, entered upon an order denying motion for new trial, and directing judgment in favor of defendant. The complaint in this action alleges, that plaintiff lent to Henry B. Burt $518.60, to secure the payment of which Burt procured a policy of insurance on his life for $1,000, payable to the defendant.
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Appeal from a judgment of the General Term of the Supreme Court in the eighth judicial district, entered upon an order denying motion for new trial, and directing judgment in favor of defendant. The complaint in this action alleges, that plaintiff lent to Henry B. Burt $518.60, to secure the payment of which Burt procured a policy of insurance on his life for $1,000, payable to the defendant. That on the day of his death, Burt directed the defendant to pay the plaintiff so much of the insurance money, as would be sufficient to pay her debt against Burt. That defendant then promised Burt that…
1Opinion of the CourtFolgeb, J.
This case was tried at circuit by the court with a jury. The learned justice who presided, ruled that the plaintiff should be nonsuited; and it is on the exception to that ruling, that the case comes before us. We must assume then that the jury would have found in favor of the plaintiff every fact, which the proofs given will legitimately establish.
The policy of life insurance by its terms was payable to the defendant; and had, from a short time after it was issued to the intestate Burt, been in the possession of the defendant. But testimony was given without objection, which tended to show,…
2Cases cited5 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Williams v. . FitchNew York Court of Appeals · 1859
- Farley v. ClevelandNew York Supreme Court · 1825
- Van Schaick v. . Third Avenue R.R. Co.New York Court of Appeals · 1868
- Secor v. LordNew York Court of Appeals · 1867
3Cited by20 opinions
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
- Splawn v. ChewTexas Supreme Court · 1883
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
- Northwestern Mutual Life Insurance v. WrightWisconsin Supreme Court · 1913
- Hurlbut v. HurlbutNew York Supreme Court · 1888
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