Wuesthoff v. . Germania Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior ■Court of the city of ¡New York, entered upon an order made June 3, 1885, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was brought by plaintiffs, the infant children of Friedrich Wuesthoff, deceased, upon a policy of insurance upon the life of their father, payable to Amelia, his wife, or, in case of her death before his, to their children.
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Appeal from judgment of the General Term of the Superior ■Court of the city of ¡New York, entered upon an order made June 3, 1885, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was brought by plaintiffs, the infant children of Friedrich Wuesthoff, deceased, upon a policy of insurance upon the life of their father, payable to Amelia, his wife, or, in case of her death before his, to their children. The material facts appear in the opinion. This suit was properly brought by the plaintiffs, they, as infants, being…
1Opinion of the CourtAndrews, J.
Two questions are presented, first, as to the validity of the payment made December 19, 1877, by the-defendant to Eliza F. Wuesthoff, the testamentary guardian of the plaintiffs, of the amount of the policy on the life of their father, Frederick Wuesthoff, and second, assuming that such payment was not a valid discharge of defendant’s obligation under the policy, whether the plaintiffs can now maintain an aption to enforce the defendant’s liability.
The policy provides that in case of the death of the mother of the plaintiffs before the death of .Frederick Wuesthoff, the ■insurance upon his…
2Cases cited2 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Chapman v. . TibbitsNew York Court of Appeals · 1865
3Cited by42 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- In re CuddebackAppellate Division of the Supreme Court of the State of New York · 1896
- Hatch v. FergusonCourt of Appeals for the Ninth Circuit · 1895
- Ide v. . BrownNew York Court of Appeals · 1904
- Power v. LenoirMontana Supreme Court · 1899
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