Legal Opinion

Toplitz v. Bauer

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 2 opinions

Appeal by the defendants, Louis Baxter and others, as executors, etc., of Charles Bauer, deceased, from a judgment of the Supreme Court, entered' in the office of the clerk of the county of New York on the 27th day of January, 1897, upon the decision of the court rendered after a trial at the New York Sjxecial Term;

1Opinion of the Court

Ingraham, J.:

The action was commenced on the 13th of December, 1893, against the defendants the Mutual Life Insurance Company, Charles Bauer and Rosa Lisner. Subsequently, and on the 24th .of December, 1894,. Charles Bauer died, when the action was continued against the appellants as his executors, and the supplemental complaint was served on the 25th of March, 1895. ■ The complaint alleged the issuance by the Mutual Life Insurance Company of a policy of insurance upon the life of one Charles Lisner, the father of *127the plaintiffs. This was an ordinary life policy, insuring the life of George…

2Cases cited3 opinions

  1. Wheelock v. . LeeNew York Court of Appeals · 1878
  2. Sternberger v. . McGovernNew York Court of Appeals · 1874
  3. Green v. StewartAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by2 opinions

  1. Salt v. AndersonWashington Supreme Court · 1919
  2. Van Deventer v. Van DeventerAppellate Division of the Supreme Court of the State of New York · 1898

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