Conway v. Phœnix Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the May term, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action upon a policy of insurance issued by defendant on the life of William F. Conway, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the May term, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action upon a policy of insurance issued by defendant on the life of William F. Conway, plaintiff’s intestate. The policy of insurance in this case was issued to the plaintiff’s intestate, and was payable to his legal representatives upon his death, or in twenty years to him if then living. When three or more full years’ premiums should have…
1Opinion of the CourtGray, J.
The evidence in this case was given by one witness, called for the plaintiff, who was the cashier and accountant in the office of the general, agents, through whom this policy was issued, and the facts are not in dispute. It was thought by the learned trial judge, and it is the basis of the respondent’s contention here, that the facts proved warranted an inference either that the powers of general agents were such as to authorize them to extend the time for the payment of the premium ° or that there had been such knowledge and acqui esconce on the part of their principal, the company, with…
2Cited by24 opinions
- Reese v. Fidelity Mutual Life Ass'nSupreme Court of Georgia · 1900
- Lincoln Nat. Life Ins. Co. v. HammerCourt of Appeals for the Eighth Circuit · 1930
- Philadelphia Life Ins. v. HayworthCourt of Appeals for the Fourth Circuit · 1924
- Priest v. Bankers Life Ass'nSupreme Court of Kansas · 1916
- O'Connor v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1936
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