Spencer v. . Myers
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made November 21, 1893, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit, a jury having been waived, and granted a new trial. This was an action upon a policy of life insurance. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made November 21, 1893, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit, a jury having been waived, and granted a new trial. This was an action upon a policy of life insurance. The facts, so far as material, are stated in the opinion. The foundation for the assignment of the policy was the agreement made October 24, 1887, between the husband and wife, that the wife would upon demand execute a transfer of the policy. That agreement, being a…
1Opinion of the CourtO’Brien, J.
The plaintiff claimed to be entitled to the proceeds of a policy of insurance upon the life of her husband, and the learned trial judge sustained her claim. The General Term reversed the judgment, having arrived at a different conclusion, upon what seems to us to be a very reasonable construction of a statute which is involved. On the 28th of October, 1880, the plaintiff’s husband insured his life for her benefit in the Connecticut Mutual Life Insurance Company. The policy was issued at Hartford and sent by mail to one of the agents of the company in this state to be delivered to the husband,…
2Cases cited11 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
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3Cited by38 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- Barbin v. MooreSupreme Court of New Hampshire · 1932
- Patrikes v. J. C. H. Service Stations, Inc.City of New York Municipal Court · 1943
- Farmers State Bank v. KelleySupreme Court of Georgia · 1923
- Russell v. GrigsbyCourt of Appeals for the Sixth Circuit · 1909
33 more not listed; retrieve them via the Exa API.