Marvin v. . Universal Life Insurance Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made the first Tuesday of January, 1879, which affirmed an order of Special Term, denying a motion for a new trial. (Reported below, 16 Hun, 494.) This action was brought upon a policy of insurance issued by defendant, January 13, 1874, upon the life of Milton B. Marvin, for the benefit of his wife, the plaintiff.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made the first Tuesday of January, 1879, which affirmed an order of Special Term, denying a motion for a new trial. (Reported below, 16 Hun, 494.) This action was brought upon a policy of insurance issued by defendant, January 13, 1874, upon the life of Milton B. Marvin, for the benefit of his wife, the plaintiff. By the terms of the policy, the premiums were to be paid quarterly, on the 13th of January, April, July and October. The premium which'fell due April 13th was not paid. The policy…
1Opinion of the CourtFinch, J.
The policy of life insurance upon which this action is founded lapsed by the non-payment of a matured premium. A right to recover upon it is nevertheless asserted upon facts claimed to establish a waiver of the forfeiture, through an extension of the time of payment, and a consequent tender of the premium. One Henkle, it is said, was the general agent of the insurance company, through whom the policy was originally obtained, and by whom the payment of the first premium was extended, and who indorsed upon the policy in the hands of the insured a receipt for such first premium, signing his name…
2Cases cited6 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
- Deland v. Richardson & RichardsonNew York Supreme Court · 1847
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3Cited by44 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Ward v. . HasbrouckNew York Court of Appeals · 1902
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
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