Newcomb v. . Almy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered the third Tuesday of November, 1883, upon a controversy submitted under section. 1279 of the Code of Civil Procedure. The facts submitted are substantially set forth in the opinion. A set-off could be allowed against the receiver. (2 R. S. 464, m. p., § 42; id. 469, m. p., § 68; In re Van Allen, 37 Barb. 225; 2 R. S. 47, m. p., § 36; Holbrook v. Redr Am. F. Ins.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered the third Tuesday of November, 1883, upon a controversy submitted under section. 1279 of the Code of Civil Procedure. The facts submitted are substantially set forth in the opinion. A set-off could be allowed against the receiver. (2 R. S. 464, m. p., § 42; id. 469, m. p., § 68; In re Van Allen, 37 Barb. 225; 2 R. S. 47, m. p., § 36; Holbrook v. Redr Am. F. Ins. Go., 6 Paige, 220; Osgood v. DeGroot, 36 N. Y. 348 ; In re Redrs v. Globe Ins. Go., 2 Edw. Ch. 625; New A msterdam Sav. BVc v.…
1Opinion of the CourtEarl, J.
On the 7th day of December, 1871, the Atlantic Mutual Life Insurance Company issued upon the fife of Charles Almy a paid-up endowment policy, by which it agreed to pay Mary A. Almy the sum of $1,454, in the event that Charles died before December 7, 1880, or, in the event of his living at that time, to pay that sum to him. On the same day it issued another paid-up endowment policy for $2,240 upon the same life for the term of fourteen years, and the company agreed to pay the amount insured to Mary A. Almy upon the death of Charles, or in case he should live until the 7th of December, 1885, to…
2Cases cited1 opinion
- Myers v. . DavisNew York Court of Appeals · 1860
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