Morgan v. . Mutual Benefit Life Ins. Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 3,1907, which affirmed an order of Special Term denying a motion to set aside an order directing service upon certain of the defendants herein by publication. In 1866 one Elizabeth A. Morgan made application in this state to the defendant insurance company for a policy of insurance upon the life of her husband, Orson A. Morgan.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 3,1907, which affirmed an order of Special Term denying a motion to set aside an order directing service upon certain of the defendants herein by publication. In 1866 one Elizabeth A. Morgan made application in this state to the defendant insurance company for a policy of insurance upon the life of her husband, Orson A. Morgan. The application was accepted and the policy of insurance was delivered to her in this state. The said policy is payable to said Elizabeth…
1Opinion of the CourtChase, J.
The interest of the plaintiffs’ assignor, Elizabeth A. Morgan, in the policy of insurance was contingent upon her surviving her husband. (Bradshaw v. Mutual Life Ins. Co., 187 N. Y. 347.) As she did not survive her husband the plaintiffs seek in this action to charge said policy and the proceeds thereof with the amount paid by them and their intestate for premiums thereon. (Pomeroy’s Equity Jurisprudence, vol. 3, sec. 1243 ; 25 Oyc. 774, 775; Am. & Eng. Ency. of Law, vol. 19, p. 90; Mandeville v. Kent, 88 Hun, 132; Brick v. Campbell, 122 N. Y. 337; Conn. Mutual Life Ins. Co. v. Burroughs, 34…
2Cases cited22 opinions
- Harris v. BalkSupreme Court of the United States · 1905
- Blackstone v. MillerSupreme Court of the United States · 1903
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- New England Mutual Life Insurance v. WoodworthSupreme Court of the United States · 1884
17 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Connecticut Mutual Life Insurance v. MooreSupreme Court of the United States · 1948
- Atkinson v. Superior Court of Los Angeles CountyCalifornia Supreme Court · 1957
- Holmes v. . CampNew York Court of Appeals · 1916
- Comey v. . United Surety Co.New York Court of Appeals · 1916
- Lockwood v. United States Steel Corp.New York Court of Appeals · 1913
30 more not listed; retrieve them via the Exa API.