Bradshaw v. . Mutual Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1910, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The action was brought to recover the amount of an insurance policy issued by the defendant on the life of the plaintiffs’ testator and the contest is between plaintiffs and the residuary legatees of the testator’s wife, Corrie J. Bradshaw.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1910, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The action was brought to recover the amount of an insurance policy issued by the defendant on the life of the plaintiffs’ testator and the contest is between plaintiffs and the residuary legatees of the testator’s wife, Corrie J. Bradshaw. No question is made by the defendant that it is liable to pay the amount of the policy to one of the two sets of claimants. While…
1Opinion of the CourtGray, J.
I think that the judgment below was right. The plaintiffs had no interest in the contract sued upon and I am unable to understand how any new contract was created between their testator and the defendant. The policy of insurance, upon which the plaintiffs seek to recover, was a contract with the wife of the testator and though procured by him for her benefit, he was acting as her agent and represented her. It was immaterial that he paid the premiums and retained possession of the policy; those facts did not affect the contract as one with her alone. He acquired neither interest in, nor power…
2Cases cited5 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Millard v. BraytonMassachusetts Supreme Judicial Court · 1901
- Bradshaw v. . Mutual Life Ins. Co.New York Court of Appeals · 1907
3Cited by6 opinions
- In Re the Accounting of JamesNew York Court of Appeals · 1917
- Anderson v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1933
- C. E. Shepard & Co. v. New York Life InsuranceSupreme Court of Connecticut · 1913
- Grems v. TraverNew York Supreme Court · 1914
- Hilton v. New York Life InsuranceNew York Supreme Court · 1920
1 more not listed; retrieve them via the Exa API.