Legal Opinion

Attorney-General v. North America Life Insurance

New York Court of Appeals

Decided September 28, 1880PublishedCited by 39 opinions

Appeals by certain policy and annuity bondholders from order of the G-eneral Term of the Supreme Court in the third judicial department, affirming an order of Special Term, granted on the coming in of the report of a referee appointed to take proof of claims against defendant, The ISTorth America Life Insurance Company. The nature of the orders and the facts appear sufficiently in the opinion.

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Appeals by certain policy and annuity bondholders from order of the G-eneral Term of the Supreme Court in the third judicial department, affirming an order of Special Term, granted on the coming in of the report of a referee appointed to take proof of claims against defendant, The ISTorth America Life Insurance Company. The nature of the orders and the facts appear sufficiently in the opinion. Unregistered paid-up policies issued in lieu of registered policies should be treated as registered. (Wells v. Yates, 44 N. Y. 525; Hay v. Star F. Ins. Co., 8 Ins. L. J. 633; 1 Pars, on Cont. 427;…

1Opinion of the CourtEarl, J.

The North America Life Insurance Company was incorporated in 1862, and continued business until March 8, 1877. For several years before the last date, it had issued registered policies and annuity bonds, under the acts chapter 576 of the Laws of 1866, chapter 708 of the Laws of 1867, and chapter 902 of the Laws of 1869. At that date, a receiver of the company was appointed, under section 7 of the act of 1869, and by him an actuary was subsequently appointed, under section 8, who investigated the affairs of the company and reported that it was insolvent, within the meaning of that section. The…

2Cases cited5 opinions

  1. People v. Security Life Insurance & Annuity Co.New York Court of Appeals · 1879
  2. Patch v. Phoenix Mutual Life InsuranceSupreme Court of Vermont · 1872
  3. Bockes v. . HathornNew York Court of Appeals · 1879
  4. Butler v. . SpragueNew York Court of Appeals · 1876
  5. People v. Atlantic Mutual Life InsuranceNew York Court of Appeals · 1878

3Cited by39 opinions

  1. Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
  2. City of Indianapolis v. NavinIndiana Supreme Court · 1897
  3. Noble State Bank v. HaskellSupreme Court of Oklahoma · 1909
  4. In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
  5. Wilkins v. StateIndiana Supreme Court · 1888

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