Legal Opinion

Sulz v. Mutual Reserve Fund Life Ass'n

New York Court of Appeals

Decided April 16, 1895PublishedCited by 49 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 11, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and 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 second judicial department, entered upon an order made December 11, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The widow had no title as widow under the policy in suit, and could not as widow retain a judgment granted her as administratrix. (Drake v. Pell, 3 Edw. Ch. 251; Tillmann v. Davis, 95 N. Y. 25; Code Civ. Pro. § 1814; Sheldon v. Hoy, 11…

1Opinion of the CourtPeckham, J.

This is an appeal by the defendant from a judgment in favor of the plaintiff for the amount of a certain policy of insurance for $3,000 issued by the defendant, an insurance company organized under chapter 175 of the Laws of 1883. The policy of insurance or certificate of membership, as it is sometimes called, was issued by the defendant association January 20, 1891, to Charles H. Sulz, payable to his “legal representatives,” at the home office of the company, in the city of New York, within ninety days, after satisfactory evidence of the death of the insured party. The application for…

2Cases cited5 opinions

  1. Wyman v. HalsteadSupreme Court of the United States · 1884
  2. Griswold v. . SawyerNew York Court of Appeals · 1891
  3. Taylor v. . DoddNew York Court of Appeals · 1874
  4. In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
  5. Bishop v. Grand Lodge of the Empire Order of Mutual AidNew York Court of Appeals · 1889

3Cited by49 opinions

  1. Equitable Life Assurance Society v. BrownSupreme Court of the United States · 1902
  2. Simmons v. Superior CourtCalifornia Court of Appeal · 1950
  3. Rockland-Rockport Lime Co. v. . LearyNew York Court of Appeals · 1911
  4. Evans v. EvansCourt of Appeals of Texas · 1945
  5. Morgan v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1907

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