Legal Opinion

Schneider v. United States Life Insurance

New York Court of Appeals

Decided October 7, 1890PublishedCited by 14 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 29, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was upon a policy of life insurance. 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 first judicial department, entered upon an order made March 29, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was upon a policy of life insurance. The facts, so far as material, are stated in the opinion. The policy, by its express terms, lapsed by reason of non-payment of the premium falling due April 17, 1886, after defendant had duly given the notice required by the act of 1877, Thereby the contract of insurance was terminated, and the…

1Opinion of the CourtO’Brien, J.

In the year 1861, upon the application of the plaintiff’s husband, Henry Schneider, the defendant issued its policy insuring his hfe for the benefit of the plaintiff. The policy contained the usual stipulation that in case the assured should fail to pay any quarterly premium when the same became due the policy should lapse and become null and void. The husband retained the policy in his possession and paid the premiums as they became due up to and including the premium,, payable January 17, 1886. On the 15th day of March, 1886, the defendant duly served the notice required by the statute that…

2Cases cited2 opinions

  1. Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
  2. Knapp v. Homeopathic Mutual Life InsuranceSupreme Court of the United States · 1886

3Cited by14 opinions

  1. Griffith v. N.Y. Life Ins. Co.California Supreme Court · 1894
  2. Walker v. United StatesCourt of Appeals for the Eighth Circuit · 1936
  3. Lawrence v. Penn Mut. Life Ins.Supreme Court of Louisiana · 1904
  4. Levy's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1933
  5. Ruckenstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1934

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