Matter of Att'y-Gen'l v. . Cont. Life Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made the first Tuesday of September, 1882, which affirmed an order of Special' Term confirming the report of a referee disallowing a claim made by Elizabeth O. Hoyt, under a policy issued by defendant, upon the fund in'the hands of its receiver. The material facts are stated in the opinion. The appellant was entitled to equitable relief.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made the first Tuesday of September, 1882, which affirmed an order of Special' Term confirming the report of a referee disallowing a claim made by Elizabeth O. Hoyt, under a policy issued by defendant, upon the fund in'the hands of its receiver. The material facts are stated in the opinion. The appellant was entitled to equitable relief. (Rose v. Rose, Amb. 331, 332; Wheeler v. C. Mut. L. Ins. Co., 82 N.Y. 543, 549, 552; Klein v. Ins. Co., 104 U. S. 90; De Forest v. Bates, 1 Edw. Ch. 394, 397; 1…
1Opinion of the CourtEarl, J.
On the 16th day of May, 1871, the Continental Life Insurance Company insured the life of John W. Hoyt, in the sum of $5,000, for the benefit of his wife, Elizabeth O. Hoyt, for the term of ten years from the date of the policy, or until his decease, in case he should die before that time. The annual premium on the policy'was $557.85, and was to be paid on or before the 12th day of May in each year, or within thirty days after the several payments should be due and payable. The policy provided: “ That, if after having received three or more annual premiums, the said assured shall fail to make…
2Cases cited2 opinions
- Roehner v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
- Robertson v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1882
3Cited by15 opinions
- Fowler v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1889
- Blume v. Pittsburg Life & Trust Co.Illinois Supreme Court · 1914
- Farmers' & Merchants' Mutual Life Ass'n v. MasonIndiana Court of Appeals · 1917
- McLaughlin v. Equitable Life Assurance SocietyNebraska Supreme Court · 1894
- Blume v. Pittsburgh Life & Trust Co.Appellate Court of Illinois · 1913
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