Bannister v. Michigan Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catherine Bannister, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 18th day of December, 1905, upon the dismissal of the complaint by-direction of the court after a trial at the Erie Trial Term. '
1Opinion of the Court
Williams, J.:
The judgment should be reversed and a new trial granted, with costs to the appellant to abide the. event.'
The action is upon a policy insuring the life of one ¡Newkirk, the plaintiff being the beneficiary therein. The complaint was dismissed. upon the pleadings, and the only question is whether upon the facts alleged in the complaint, aided by any proper use of the allegations in the answer, it appeared conclusively that the' plaintiff could not maintain the action. The defense' held sufficient to defeat the plaintiff’s recovery was,, apparently, the one-year limitation, founded…
2Cited by4 opinions
- O'Neil v. Franklin Fire Insurance of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1913
- Friedman v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1947
- Bannister v. Michigan Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1907
- Williams v. Fire Ass'nAppellate Division of the Supreme Court of the State of New York · 1907