Legal Opinion · Dissent

Kenyon v. National Life Ass'n of Hartford

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

Decided July 1, 1899Published

Appeal by une defendant, The National Life Association of Hartford, Connecticut, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans on the 10th day of March, 1898, upon the decision of the court rendered after a trial at the Orleans Special Term.

1Dissent

Hardin, P. J. (dissenting):

The action was brought to revive or reinstate a policy of life insurance (claimed by the defendant to have lapsed), and to compel defendant to accept payment of premiums and to recover the amount of the policy, less certain premiums. The principal defense was that the insured, Frances A. Kenyon, failed to pay on its due day a premium of eleven dollars and seventy-six cents which fell due on her policy August 1, 1895. The defense insisted that the policy lapsed, and that the lapse was never waived.

Defendant is a foreign corporation, existing under the laws of the…

2Cases cited7 opinions

  1. Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
  2. Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894
  3. Primeau v. National Life Ass'nNew York Supreme Court · 1894
  4. Matter of Att'y-Gen'l v. . Cont. Life Ins. Co.New York Court of Appeals · 1883
  5. Bopple v. Supreme TentAppellate Division of the Supreme Court of the State of New York · 1897

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