St. John v. Union Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stella St. John, from an order of the Supreme Court, made at the Jefferson Special Term and entered in the office of the clerk of the county of Jefferson on the 16th day of January, 1909, substituting another as defendant in place of the Union Mutual Life Insurance Company. The action is brought to recover the amount of a life insurance policy issued upon the life of Jay St. John.
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Appeal by the plaintiff, Stella St. John, from an order of the Supreme Court, made at the Jefferson Special Term and entered in the office of the clerk of the county of Jefferson on the 16th day of January, 1909, substituting another as defendant in place of the Union Mutual Life Insurance Company. The action is brought to recover the amount of a life insurance policy issued upon the life of Jay St. John. The respondent insurance company concedes its liability, but the insurance is claimed by both the plaintiff and the personal representative of the insured. The facts are fully stated in the…
1Dissent
Williams, J. (dissenting):
The order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, -without: prejudice to a renewal of the motion upon' additional papers.
The action was brought to recover the amount- of an insurance policy upon the life of Jay St. John. The plaintiff and the-representative of the estate of the insured both claimed the insurance. The defendant conceded its liability to pay the money -to filie -party really entitled to it, and this order was made upon its ''application substituting the representative of the estate,…
2Cases cited1 opinion
- Boskowitz v. BoskowitzAppellate Division of the Supreme Court of the State of New York · 1908