Merserau v. . Ph&338nix Mutual Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon a policy of life insurance issued by defendant, a foreign corporation, upon the life of Esdras Shear, husband of plaintiff’s intestate. The policy was issued in 1871; the premiums required to' be paid semi-annually, “ on or before the thirty-first day of August and February of every year.”
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon a policy of life insurance issued by defendant, a foreign corporation, upon the life of Esdras Shear, husband of plaintiff’s intestate. The policy was issued in 1871; the premiums required to' be paid semi-annually, “ on or before the thirty-first day of August and February of every year.” The policy contained this clause: “ Second. If the said premiums shall not be paid at the office of the company, in the city…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] By the terms of the policy the liability of the insurers ceased upon the failure of the insured to pay the renewal premiums at the office of the company at Hartford, or to an agent of the company, on his producing a receipt signed by the president or secretary on or before the days at which they were payable. The premium which became due in August, 1871, was not paid at or before the day, nor has it been paid since. The policy was therefore of no force at the…
2Cases cited6 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Insurance Co. v. ColtSupreme Court of the United States · 1875
- Bouton v. American Mutual Life InsuranceSupreme Court of Connecticut · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1888
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Hankins v. Rockford Insurance Co.Wisconsin Supreme Court · 1887
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
17 more not listed; retrieve them via the Exa API.