Howell v. John Hancock Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The John Hancock Mutual Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 11th day of January, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 11th day of January, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
The plaintiff is the beneficiary named in a, twenty-payment life insurance policy of $3,000 issued by the defendant, a Massachusetts life insurance corporation, November 29,1901, upon the application of her husband, Charles F. Howell, who died December 31, 1902.
The semi-annual premium fell due November 29, 1902, and was never paid. The thirty days of grace expired December twenty-ninth. The plaintiff claims that the local agent of the defendant extended the time of payment until after January first. The proof does not sustain this contention, for even if the agent possessed the…
2Cases cited2 opinions
- Hastings v. Brooklyn Life InsuranceNew York Court of Appeals · 1893
- Baxter v. Brooklyn Life InsuranceNew York Court of Appeals · 1890
3Cited by5 opinions
- Hirsch v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1944
- Levitt v. Prudential InsuranceNew York Supreme Court · 1934
- Auspitz v. Equitable Life Assurance Society of United StatesAppellate Terms of the Supreme Court of New York · 1909
- Carr v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1906
- Ruina v. Commercial Travelers Mutual Accident Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1947