Andrews v. . the Aetna Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 2, 1882, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 2, 1882, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover back money paid by the plaintiff to the defendant for premiums on four policies of insurance on the life of the plaintiff, issued by the defendant ¡November 17, 1866. It is ^reported upon a former appeal in 85 N. T. 334. The policies when delivered, each contained the following clause: “And it is agreed that this .policy…
1Opinion of the CourtAndrews, J.
This action is brought upon the theory that the clause relating to equitable value, having been inserted in the policies without the authority of the defendant, and the plaintiff having accepted them, and subsequently paid the premiums on the supposition that the insertion was authorized and that the clause was binding upon the company, there was no meeting of minds upon the contract, and no consideration for the premiums paid, and that therefore the defendant is bound to restore the money received upon the unauthorized contracts. It is to be observed that the plaintiff in his complaint…
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