Andrews v. . &198tna Life Insurance Company
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 May 6, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Eeported below, 18 Hun, 163.) This action was brought to recover back moneys paid by plaintiff to defendant as premiums upon four policies of insurance issued by defendant upon the life of plaintiff.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 6, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Eeported below, 18 Hun, 163.) This action was brought to recover back moneys paid by plaintiff to defendant as premiums upon four policies of insurance issued by defendant upon the life of plaintiff. The complaint alleged in substance that plaintiff made a verbal agreement with defendant’s agent for non-forfeiting policies; that said agent under that…
1Opinion of the CourtDanforth, J.
By the pleadings in this case it was made material to ascertain whether the defendant by its policies “ agreed that they should be good at any time after three payments for their equitable value.” That these words were written therein is asserted by both parties, but the plaintiff alleges in his complaint that after the expiration of three years he brought an action upon that clause to recover the equitable value of the policies, and was then notified by the defendant that it was inserted without its consent; that by its answer in that action it repeated the assertion and he thereupon…
2Cases cited2 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
3Cited by1 opinion
- Sovereign Camp Woodmen of World v. HicksCourt of Appeals of Texas · 1904