Goodwin v. Massachusetts Mutual Life Insurance
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 the report of a referee, affirming an order and denying a motion for a new trial. This was an action upon a policy of life insurance for $5,000, issued by defendant, a Massachusetts corporation, upon the life of William W. Selye, made payable to plaintiff.
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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 the report of a referee, affirming an order and denying a motion for a new trial. This was an action upon a policy of life insurance for $5,000, issued by defendant, a Massachusetts corporation, upon the life of William W. Selye, made payable to plaintiff. Plaintiff was a sister of the insured ; he was also her debtor at the time of the issuing of the policy to the amount of $1,200. The referee gave judgment for the amount of the policy, with…
1Opinion of the CourtMiller, J.
The policy upon which this action is founded contained a provision “ that in case any premium due upon this policy or any note given for part of the premium shall not be paid at the day when payable, the policy shall thereupon cease and determine, the net value of the policy on that day shall be ascertained according to the ‘ combined experienced ’ or 1 actuaries ’ rate of mortality, with interest at the rate of four per cent per annum, from which value shall be deducted whatever is due to the company, including any unpaid premium notes, with interest at six per cent per annum thereon ;…
2Cases cited13 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
- Underwood v. . Farmers' Joint Stock Ins. Co.New York Court of Appeals · 1874
- Clark v. DalesNew York Supreme Court · 1855
- Bush v. . Westchester Fire Ins. Co.New York Court of Appeals · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Roby v. American Central InsuranceNew York Court of Appeals · 1890
- Aetna Life Insurance v. FallowTennessee Supreme Court · 1903
49 more not listed; retrieve them via the Exa API.