Schneider v. United States Life Ins. Co.

Decision Date07 October 1890
Citation25 N.E. 321,123 N.Y. 109
PartiesSCHNEIDER v. UNITED STATES LIFE INS. CO.
CourtNew York Court of Appeals Court of Appeals

OPINION TEXT STARTS HERE

Appeal from supreme court, general term, first department.

O. P. Buel, for appellant.

Lucius McAdam, for respondent.

O'BRIEN, J.

In the year 1861, upon the application of the plaintiff's husband, Henry Schneider, the defendant issued its policy insuring his life for the benefit of the plaintiff. The policy contained the usual stipulation that, in case the assured should fail to pay any quarterly premium when the same became due, the policy should lapse, and become null and void. The husband retained the policy in his possession and paid the premiums as they became due up to and including the premium payable January 17, 1886. On the 15th day of March, 1886, the defendant duly served the notice required by the statute, that another premium would fall due the 17th of April following. This notice was served upon the husband, who had the policy in his possession, and who was the agent of his wife, for the purpose of receiving the notice. Laws 1877, c. 321. This premium was not paid, and no notice was thereafter served by the defendant. On the 29th of March, 1886, while the policy was in force, the husband produced and surrendered the policy to the defendant, and received $525, the surrender value, from the defendant, which was paid by its check to the joint order of the husband and the wife. The check was presented, indorsed in proper form, paid by the bank, and charged to defendant. At the same time the husband presented and delivered to the defendant a paper under seal purporting to be signed by the wife, and duly acknowledged before a commissioner of deeds, containing a request to accept the surrender of the policy, and a release discharging the defendant from all further liability thereon. The company, relying upon this paper, paid the surrender value as above stated. The husband died in September, 1886, and until after that the wife had no knowledge of the existence of the policy, and her signature to the paper containing the surrender and release and the indorsement of her name upon the check was forged. She received no part of the $525 paid on the surrender of the policy. She demanded payment of the policy, and, upon refusal, presented proofs of the death, and then brought this action. It was found at the trial as matter of law that the surrender was void, and the contract to pay in case of death unaffected thereby. The plaintiff recovered, and the judgment was sustained by the general term. The conclusion of the trial court that the surrender was, as against the plaintiff, null and void, and which is clearly correct, renders it necessary for the plaintiff, in order to sustain the recovery, to meet and answer another objection that confronts her. The premium due on the 17th of April, 1886, was not paid. The...

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11 cases
  • Walker v. United States, 10415.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • March 30, 1936
    ...N.Y. 372, 3 N.E. 474; Whitehead v. New York Life Ins. Co., 102 N.Y. 143, 6 N.E. 267, 55 Am.Rep. 787; Schneider v. United States Life Ins. Co., 123 N.Y. 109, 25 N. E. 321, 20 Am.St.Rep. 727); or Minnesota (Birge v. Franklin, 103 Minn. 482, 115 N. W. 278; Wallace v. Mutual Benefit Life Ins. C......
  • Town of Highland v. Powell
    • United States
    • Indiana Appellate Court
    • February 17, 1976
    ... ... See American United Life Ins. Co. v. Peffley (1973), Ind.App., 301 N.E.2d 651, ... ...
  • Farmer v. Prudential Ins. Co. of America
    • United States
    • Court of Appeal of Louisiana — District of US
    • April 3, 1936
    ... ... disposed of by the insured. Pilcher v. New York Life ... Insurance Co., 33 La.Ann. 322; Putnam v. New York ... Life ... La.Ann. 1027, 24 So. 16; Bingham v. United States of ... America, 296 U.S. 211, 56 S.Ct. 180, 80 L. Ed.160; ... 370; In re Simmons & Griffin, 255 F. 521 (C ... C.A. 1); Schneider v. U.S. Life Ins. Co., 123 N.Y ... 109, 25 N.E. 321, 20 Am. St. Rep ... ...
  • Leonhard v. Provident Sav. Life Assur. Soc.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • April 15, 1904
    ... ... 287 LEONHARD v. PROVIDENT SAVINGS LIFE ASSUR. SOC. No. 1,983.United States Court of Appeals, Eighth Circuit.April 15, 1904 [130 F. 288] ... 177, 13 Sup.Ct. 275, 37 ... L.Ed. 128, and Schneider v. Insurance Company, 123 ... N.Y. 109, 25 N.E. 321, 20 Am.St.Rep ... ...
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