Dunn v. New Amsterdam Casualty Co.
Appellate Terms of the Supreme Court of New York
Appeal from-City Court of New York, Special Term. Action by Harry Dunn, as administrator of Julia Dunn, deceased, against the New Amsterdam Casualty Company. From a judgment dismissing the complaint, and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtSeabury, J.
The determination of this appeal must turn upon the solution of the question whether under the terms of the policy the beneficiary had a vested interest, or whether she had a mere expectancy. If the beneficiary had a vested interest, then Southwell v. Gray, 35 Misc. Rep. 740, 72 N. Y. Supp. 342 and the authorities therein cited, have no application to this case. The policy upon which the action is brought contains no provision permitting the assured to change the beneficiary. The defendant is an insurance corporation conducting business under article 2 of the insurance law (Consol. Laws, c.…
2Cases cited15 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Newell v. . NicholsNew York Court of Appeals · 1878
- Garner v. . Germania Life Ins. Co.New York Court of Appeals · 1888
- Stilwell v. . Mutual Life Insurance Co.New York Court of Appeals · 1878
- Fowler v. . ButterlyNew York Court of Appeals · 1879
10 more not listed; retrieve them via the Exa API.