Legal Opinion

Bracher v. Equitable Life Assurance Society of the United States

New York Supreme Court

Decided December 15, 1903Published

Action upon a policy of insurance, issued by the defendant, upon the life of George S. Bracher. Trial by the court, jury having been waived.

1Opinion of the CourtRogers, J.

On the 10th day of August, 1898, the defendant issued its policy of insurance, whereby it insured the life of George .S. Bracher for the sum of $10,000, the loss payable to Evelina Bracher, if living. The consideration was the payment, in advance, of $383.90, and the like amount on or before the ninth day of February and August in each year thereafter, during the lifetime of the assured.

He died November 16, 1902, having paid said premiums as they fell due, down to and including the ninth day of August of that year.

On the sixth of December thereafter, the proofs of death, required by the…

2Cases cited6 opinions

  1. Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
  2. Olmsted v. . KeyesNew York Court of Appeals · 1881
  3. Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
  4. Janneck v. Metropolitan Life InsuranceNew York Court of Appeals · 1900
  5. Savage v. . Howard Insurance CompanyNew York Court of Appeals · 1873

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