Martine v. International Life Insurance Society of London
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee and granting a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee and granting a new trial. (Reported below 62 Barb., 181.) This was an action upon a policy of life insurance issued by the defendant, the International Life Insurance .Society, upon the life of James Martine, of Fayetteville, North Carolina, fur the sum of $5,000. Defendant is a foreign corporation, organized under the laws of Great Britain. Upon compliance with the provisions of the insurance laws of this State it had…
1Opinion of the Court
Church. Ch. J.
The referee found that payments upon the policy had been duly made up to the death of Mr. Mar-tine. The payment to the agents, Starke & Pearce, in April, 1861, was good. They were the agents of the defend ant at Fayetteville, North Carolina, and the assured had repeatedly been notified to pay the premiums at the office of their agency at that place. The instructions to the agents as to the manner of receiving them, viz., upon receipts forwarded from the New York office, were never communicated to the assured, and she was not affected by them. She was directed to pay at the…
2Cases cited4 opinions
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- Robinson v. International Life Assurance Society of LondonNew York Court of Appeals · 1870
- New York Firemen Insurance v. De WolfCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by20 opinions
- Morgan v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1907
- Worthington v. Charter Oak Life InsuranceSupreme Court of Connecticut · 1874
- Bergner & Engel Brewing Co. v. DreyfusMassachusetts Supreme Judicial Court · 1898
- Larson v. NewmanNorth Dakota Supreme Court · 1909
- Unterberg v. . ElderNew York Court of Appeals · 1914
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