N.Y. Life Ins. Co. v. Stein, No. 215.
| Court | United States State Supreme Court (New Jersey) |
| Writing for the Court | PORTER, Justice |
| Citation | 126 N.J.Eq. 258,8 A.2d 555 |
| Decision Date | 22 September 1939 |
| Docket Number | No. 215. |
| Parties | NEW YORK LIFE INS. CO. v. STEIN et al. |
126 N.J.Eq. 258
NEW YORK LIFE INS. CO.
v.
STEIN et al.
No. 215.
Court of Errors and Appeals of New Jersey.
Sept. 22, 1939.
Appeal from Court of Chancery.
Suit by the New York Life Insurance Company against Morris H. Stein and another to restrain the prosecution of an action at law brought by the named defendant against complainant to recover disability benefits under an insurance contract. From an order advised by the Vice Chancellor denying an application for a preliminary injunction, complainant appeals.
Affirmed.
Charles DeF. Besore, of Trenton, for appellant.
Albert N. Shahadi, of Atlantic City (Daniel DeBrier, of Atlantic City, of counsel), for respondents.
PORTER, Justice.
This is an appeal from an order advised by Vice Chancellor Sooy in denying an application for a preliminary injunction to restrain the prosecution of a suit at law brought by Morris H. Stein, defendant-respondent, against The New York Life Insurance Company, complainant-appellant. The suit at law is for the recovery of disability benefits under an insurance contract issued by complainant-appellant on the life of defendant-respondent. His wife, Pearl Stein, also a defendant-respondent, is beneficiary under the policy as to the life insurance benefits.
The allegations of the bill are as follows: Stein made written application for the policy on September 26, 1929 and relying on the truth of the statements therein contained it was issued on October 15, 1929. It provided for the payment to the named beneficiary of $10,000 upon the death of Stein (double that sum if death resulted from accident), and payment to Stein of $100 monthly in the event of his becoming totally and permanently disabled before reaching the age of sixty years, and the payment of premiums being waived during the period of such disability. Stein stated in his application that he had never been under observance or treatment in any hospital, asylum or sanitarium; that he had never consulted a physician or practitioner for, or suffered from, any ailment or disease of the lungs; that he had never consulted a physician or practitioner for any ailment or disease; and that he had not consulted a physician or practitioner, or been examined or treated by one, within the five years next preceding the making of the said application.
On or about February 19, 1936, Stein applied for disability benefits under the policy, claiming to have become afflicted with chronic pulmonary...
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Ettelson v. Metropolitan Life Ins. Co., No. 732.
...Err. & App. 1901, 63 N.J.Eq. 264, 49 A. 578, 55 L. R.A. 570. 11 New York Life Ins. Co. v. Stein, Err. & App., 126 N.J.Eq. 259, 8 A.2d 555; Commercial Cas. Ins. Co. v. Southern Surety Co., 100 N.J.Eq. 92, 135 A. 511; affirmed on opinion, Err. & App., 101 N.J.Eq. 738, 138 A. 919; ......
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van Name v. Fed. Deposit Ins. Corp., 139/3
...Teas v. Third Nat. Bank & Trust Co., Err. & App., 125 N.J.Eq. 224, 4 A.2d 64; New York Life Ins. Co. v. Stein, Err. & App, 126 N.J.Eq. 258, 259, 8 A.2d An injunction to restrain a breach of contract often operates as, and effects all the purposes of, a decree for specific perfor......
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Ettelson v. Metropolitan Life Ins. Co., No. 7933.
...Ch. 1926, 100 N.J.Eq. 92, 135 A. 511, affirmed, 1927, 101 N.J.Eq. 738, 138 A. 919; New York Life Ins. Co. v. Stein, 1939, 126 N.J.Eq. 259, 8 A.2d 555; Metropolitan Life Ins. Co. v. Tarnowski, 1941, 130 N.J. Eq. 1, 20 A.2d 421. This being the situation under the state law, the District Judge......
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Camden Trust Co. v. Toone, 158/174.
...Nat. Bank & Trust Co., Err. and App., 125 N.J.Eq. 224, 4 A.2d 64; New York Life Ins. Co. v. Stein, Err. and App., 126 N.J.Eq. 259, 8 A.2d 555. There is another ‘rule, essential to the orderly administration of justice, that, as between courts otherwise equally entitled to entertain juri......
-
Ettelson v. Metropolitan Life Ins. Co., No. 732.
...Err. & App. 1901, 63 N.J.Eq. 264, 49 A. 578, 55 L. R.A. 570. 11 New York Life Ins. Co. v. Stein, Err. & App., 126 N.J.Eq. 259, 8 A.2d 555; Commercial Cas. Ins. Co. v. Southern Surety Co., 100 N.J.Eq. 92, 135 A. 511; affirmed on opinion, Err. & App., 101 N.J.Eq. 738, 138 A. 919; ......
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van Name v. Fed. Deposit Ins. Corp., 139/3
...Teas v. Third Nat. Bank & Trust Co., Err. & App., 125 N.J.Eq. 224, 4 A.2d 64; New York Life Ins. Co. v. Stein, Err. & App, 126 N.J.Eq. 258, 259, 8 A.2d An injunction to restrain a breach of contract often operates as, and effects all the purposes of, a decree for specific perfor......
-
Ettelson v. Metropolitan Life Ins. Co., No. 7933.
...Ch. 1926, 100 N.J.Eq. 92, 135 A. 511, affirmed, 1927, 101 N.J.Eq. 738, 138 A. 919; New York Life Ins. Co. v. Stein, 1939, 126 N.J.Eq. 259, 8 A.2d 555; Metropolitan Life Ins. Co. v. Tarnowski, 1941, 130 N.J. Eq. 1, 20 A.2d 421. This being the situation under the state law, the District Judge......
-
Camden Trust Co. v. Toone, 158/174.
...Nat. Bank & Trust Co., Err. and App., 125 N.J.Eq. 224, 4 A.2d 64; New York Life Ins. Co. v. Stein, Err. and App., 126 N.J.Eq. 259, 8 A.2d 555. There is another ‘rule, essential to the orderly administration of justice, that, as between courts otherwise equally entitled to entertain juri......