State v. Schaffer

• Decision Date: 08 November 1887
• Citation: 50 N.J.E. 72,11 A. 154
• Parties: STATE (METROPOLITAN LIFE INS. CO., Prosecutor) v. SCHAFFER.
• Court: New Jersey Supreme Court

11 A. 154

50 N.J.E. 72

STATE (METROPOLITAN LIFE INS. CO., Prosecutor)

v. SCHAFFER.

Supreme Court of New Jersey.

November 8, 1887.

(Syllabus by the Court.)

On certiorari from common pleas, Essex county; KIRKPATRICK, JOHNSON, and LEDWITH, Judges, affirming judgment of Second district court of Newark, HENRY, Judge.

J. A. Beecher and Thos. N. McCarter, for plaintiff. Theo. L. Currie, for defendant.

VAN SYCKEL, J. This action is brought upon a policy of life insurance issued under a system known as "Industrial Insurance." The policy was issued in pursuance of a written application by the insured. The plaintiff below is the person named in answer to question 9 in said application. "Question. Name and relation of person to whom benefit is to be paid? Answer. [Name] Frederick Schaffer; [relation] son."

The policy refers to the said application, and makes it part of the contract, and recites that in consideration of the payment of the premium agreed upon, and of a like weekly premium to be paid on every subsequent Monday during the life of the insured, the said company doth agree to pay to the person or persons designated in condition 5 of said policy, upon receipt of proofs satisfactory to said company of the death of said insured, the sum of money stipulated to be paid; and that said policy is issued and accepted upon the following conditions therein set forth, the fifth of which is as follows: "The production by the company of this policy, and of a receipt for the sum assured, signed by any person furnishing proof satisfactory to the company that he or she is the beneficiary, or an executor or administrator, husband or wife, or relative by blood, or connection by marriage, of the assured, shall be conclusive evidence that such sum has been paid to and received by the person or persons lawfully entitled to the same, and that all claims and demands upon said company under this policy have been fully satisfied." The fourth condition provides that the policy and receipt-book must be surrendered to the company before any payment can be claimed.

The insured died on the fourteenth of August, 1885. On the twenty-fourth of August, 1885, Annie Hageman, the daughter of the assured, produced to the company the policy, and the premium receipt-book, and the company paid her the amount of the insurance, ($93,) and thereupon she signed a receipt releasing and discharging the company, and at the same time surrendered the policy and receipt-book. It does not appear that the plaintiff ever had possession either of the policy or the premium receipt-book, or that he ever knew of the existence of the policy, until after the death of the assured. The company, in its defense below, produced the policy, the premium receipt-book, and the receipt of Annie Hageman, and made...