O'Brien v. Prudential Insurance
New York Court of Common Pleas
Appeal from trial term. Action by Kate O’Brien against the Prudential Insurance Company of America on two life insurance policies. From a judgment entered on the verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtDaly, C. J.
The question upon the appeal is one of fact, as to which the jury has found in favor of the plaintiff, upon sufficient evidence.. It is undisputed that the premiums were in arrears for 10 weeks on November 23, 1893, when Zahner, the assistant superintendent of the company, called on Mrs. O’Brien. He was not the regular collecting agent, but called because the premiums were long in arrears. The company had issued six or more policies on *68the lives of plaintiff’s family,—these two on her husband’s life, one on her father’s, and others upon other members of the family. Mr. Zahner asked what she…
2Cases cited2 opinions
- Waring v. United States Telegraph Co.New York Court of Common Pleas · 1872
- Brady v. Prudential Insurance Co. of AmericaNew York Court of Common Pleas · 1894
3Cited by3 opinions
- McEachern v. New York Life InsuranceCourt of Appeals of Georgia · 1914
- Stratton's Administrator v. New York Life InsuranceSupreme Court of Virginia · 1913
- Citizens' Fire Insurance v. SwartzAppellate Terms of the Supreme Court of New York · 1897