Meyer v. . Knickerbocker Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action in equity to have a policy of insurance issued by defendant to plaintiff upon the life of her husband, which the defendant claimed to be forfeited and canceled, -declared to be existing and in full force.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action in equity to have a policy of insurance issued by defendant to plaintiff upon the life of her husband, which the defendant claimed to be forfeited and canceled, -declared to be existing and in full force. The policy was issued March 20, 1867, through defendant’s local agent at Buffalo. It provided for the payment of an ■annual premium of $200.44, “ to be paid on or before…
1Opinion of the CourtFolger, J.
This is a suit in equity to have the court declare existing: and in force a contract of insurance upon the life of the plaintiff’s husband, which the defendant claims is lapsed by non-payment of the yearly premium. Such a suit can be maintained, when the premiums have been tendered, and refused on the ground that the contract has been canceled and forfeited, when all the parties are before the court in an actual controversy sincerely promoted and carried on, when it is necessary for Intelligent action for the parties to know at once what are "their reciprocal rights and obligations. (Cohen v.…
2Cases cited3 opinions
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Leslie v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
3Cited by39 opinions
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
- Langan v. Supreme Council American Legion of HonorNew York Court of Appeals · 1903
- Thompson v. . Postal Life Ins. Co.New York Court of Appeals · 1919
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