Legal Opinion

Lamb v. Prudential Insurance

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 8 opinions

Appeal by the plaintiff, Henry Lamb, as administrator, etc., of Mary Lamb, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the bounty of Kings on the 16th day of February, 1897, upon the dismissal of the complaint directed by the court after a trial at the Kings County Trial Term, and also from an order entered in said •clerk’s office on the 25th day of February, 1897, denying the plaintiff’s motion for a new…

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Appeal by the plaintiff, Henry Lamb, as administrator, etc., of Mary Lamb, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the bounty of Kings on the 16th day of February, 1897, upon the dismissal of the complaint directed by the court after a trial at the Kings County Trial Term, and also from an order entered in said •clerk’s office on the 25th day of February, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Bradley, J.:

The action was brought to recover the amount of the insurance upon the life of the plaintiff’s intestate by the policy of the defendant of date August 24, 1891. She was the wife of the plaintiff and died June 18, 1895. The defense is that, by reason of default in *553payment of the premium, the policy had become inoperative at the time of her decease. The policy in question was one of eight policies issued by the defendant upon the lives of the plaintiff, his wife and their minor children. The aggregate amount of the premiums, payable weekly upon them, was fifty-five cents. These were…

2Cases cited4 opinions

  1. Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
  2. Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
  3. Shay v. National Benefit SocietyNew York Supreme Court · 1889
  4. Magner v. Mutual Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by8 opinions

  1. Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
  2. I. W. Phillips & Co. v. HallSupreme Court of Florida · 1930
  3. Sasse v. Order of United Commercial Travelers of AmericaAppellate Division of the Supreme Court of the State of New York · 1915
  4. Meech v. National Accident SocietyAppellate Division of the Supreme Court of the State of New York · 1900
  5. Clover Crest Stock Farm, Inc. v. Wyoming Valley Fire InsuranceNew York Supreme Court · 1919

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