Schoenholz v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Paulina Schoenholz, from a judgment of the Supreme Court in favor of the defendant New York Life Insurance Company, entered in the office of the clerk of the county of New York on the 10th day of March, 1919, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits.
1Opinion of the Court
Smith, J.:
The defendant company issued an insurance policy upon the life of one Harry Schoenholz, payable in the event of his death to the defendant Sarah Schoenholz, his sister, as beneficiary. Thereafter the said insured made a contract with this plaintiff, by which in consideration of marriage he promised to assign to her this policy of life insurance and take the necessary steps to effectuate such assignment. Under the policy he had the right to change the beneficiary without the assent of the beneficiary herself. The policy was delivered to the plaintiff who thereafter paid the premiums…
2Cases cited15 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Fink v. . FinkNew York Court of Appeals · 1902
- Smith v. National Benefit SocietyNew York Court of Appeals · 1890
- Lahey v. . LaheyNew York Court of Appeals · 1903
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3Cited by4 opinions
- Sun River Stock & Land Co. v. Montana Trust & Savings BankMontana Supreme Court · 1928
- Schoenholz v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
- Mondin v. MondinAppellate Division of the Supreme Court of the State of New York · 1948
- Schoenholz v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1921