Legal Opinion

Lauze v. New York Life Insurance

Supreme Court of New Hampshire

Decided November 5, 1907PublishedCited by 19 opinions

Assumpsit, on a policy of insurance upon the life of the plaintiff’s wife. Trial by jury and verdict for the plaintiff. Transferred from tlio January term, 1907, of the superior court by Peadee, J. Tiie policy contained the following clauses: “ This agreement is made in consideration of the sum of ten dollars and eighty-four cents, the receipt of which is hereby acknowledged, constituting payment for the period terminating on the twenty-eighth day of November, nineteen…

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Assumpsit, on a policy of insurance upon the life of the plaintiff’s wife. Trial by jury and verdict for the plaintiff. Transferred from tlio January term, 1907, of the superior court by Peadee, J. Tiie policy contained the following clauses: “ This agreement is made in consideration of the sum of ten dollars and eighty-four cents, the receipt of which is hereby acknowledged, constituting payment for the period terminating on the twenty-eighth day of November, nineteen hundred and four, and in further consideration of the payment of a like sum on said date, and thereafter on the twenty-eighth…

1Opinion of the CourtChase, J.

The exceptions raise the question whether payment of the second premium to the soliciting agent, without the production and delivery of the receipt described in the policy, constituted a valid payment thereof and continued the policy in force during-the three months’ period to which it related, in which period it is. understood the insured life expired. The policy acknowledges the receipt of §10.84, “ constituting payment [of the premium] for the period terminating on the twenty-eighth day of November,, nineteen hundred and four,” which is understood to be the three months’ period following…

2Cases cited5 opinions

  1. Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
  2. Insurance Co. v. DavisSupreme Court of the United States · 1877
  3. Hartford Insurance v. HaasCourt of Appeals of Kentucky · 1888
  4. Cornelius v. Farmers InsuranceSupreme Court of Iowa · 1901
  5. Williams v. Washington Life Ins.Supreme Court of Iowa · 1871

3Cited by19 opinions

  1. Connecticut Fire Insurance Co. v. RobertsCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Frasch v. London & Lancashire Fire InsuranceCalifornia Supreme Court · 1931
  3. Russo v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1939
  4. Thompson v. Equitable Life Assurance Society of United StatesSupreme Court of North Carolina · 1930
  5. Adamos v. New York Life Ins. Co.District Court, W.D. Pennsylvania · 1937

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