Legal Opinion

Archer v. Equitable Life Assurance Society of the United States

New York Court of Appeals

Decided April 18, 1916PublishedCited by 73 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 9, 1915, which affirmed an order of Special Term granting plaintiff’s motion for judgment in her favor upon the pleadings.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 9, 1915, which affirmed an order of Special Term granting plaintiff’s motion for judgment in her favor upon the pleadings. The following questions were certified: “1. Is the defense designated ‘ second ’ contained in the answer to the amended complaint herein sufficient in law upon the face thereof ? 2. Is the defense designated ‘ third ’ contained in the answer to the amended complaint herein sufficient in law upon the face thereof % 3. Is the defense designated…

1Opinion of the CourtCollin, J.

The action is to recover the sum payable to the plaintiff under the terms of a policy of the defendant insuring the life of Joseph D. Carroll. The policy forms. a part of the amended complaint, which in the ordinary form avers the issuance of the policy, the death of the insured, the making of due proof of the death, the refusal of the defendant to pay and the other requisite •formal facts. The policy was issued July 1, 1912, and, therefore, subsequent to the adoption of the statute hereinafter considered. The defense designated “ Second,” which we will first consider, averred that the…

2Cases cited15 opinions

  1. Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
  2. Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
  3. Woollcott v. . ShubertNew York Court of Appeals · 1916
  4. Matter of MeyerNew York Court of Appeals · 1913
  5. Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877

10 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. Willoughby v. City of New HavenSupreme Court of Connecticut · 1937
  2. Minsker v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1930
  3. Travelers Insurance v. Louis Padula Co.New York Court of Appeals · 1918
  4. People v. DethloffNew York Court of Appeals · 1940
  5. In re DexterSupreme Court of Vermont · 1919

68 more not listed; retrieve them via the Exa API.

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