Holleran v. Prudential Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Prudential Insurance Company of America, from a judgment of the County Court of Oneida county, entered in the office of the clerk of said county on the 18th day of January, 1915, modifying a judgment of the City Court of Utica in favor of the plaintiff for two hundred and fifty-two dollars and thirty-five cents by deducting therefrom the sum of seven dollars and twenty cents, and affirming said judgment as so modified, with twenty-five dollars costs.
1Opinion of the Court
Foote, J.:
On April 1, 1913, defendant company issued to Frank Yon Ertfelda its policy of life insurance, whereby, in consideration of a weekly payment of twenty cents, it insured his life for the sum of $244, payable at death. The insured died on December twenty-sixth of the same year. Plaintiff, claiming to be an assignee of the policy, brings this action to recover its amount. He has recovered on the theory that he is the owner of the policy. In his complaint, however, he alleged: “That shortly after the issuing of said policy, with the knowledge and consent of the defendant, the policy was…
2Cases cited4 opinions
- Steinback v. . DiepenbrockNew York Court of Appeals · 1899
- McGlynn v. CurryAppellate Division of the Supreme Court of the State of New York · 1903
- McNevins v. Prudential Insurance Co. of AmericaNew York Supreme Court · 1908
- Heffernan v. Prudential InsuranceNew York Supreme Court · 1914
3Cited by7 opinions
- In re the Estate of O'NeillNew York Surrogate's Court · 1932
- In re the Estate of PastoreNew York Surrogate's Court · 1935
- In re the Estate of LynchNew York Surrogate's Court · 1929
- Parton v. Metropolitan Life InsuranceNew York Supreme Court · 1927
- Metropolitan Life Ins. Co. v. DunneDistrict Court, S.D. New York · 1931
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