28 N.Y.S. 931 | N.Y. Sup. Ct. | 1894
The plaintiff was the beneficiary of a policy of life insurance, issued to Thomas McCluskey. The defendant is a foreign insurance company, having its principal or home office at Hartford, Conn. It seems to have had no agent at Whitehall, in this state, where the said Thomas McCluskey resided. On the 10th day of September, 1892, the defendant mailed a notice from Hartford to the said McCluskey, notifying him that his bimonthly premium of $7.90 was due and payable on or before the 1st day of October. Inclosed in the notice was an envelope directed to the defendant, which the assured was requested to use in sending his remittance. The notice also directed all checks and post-office orders to be made payable to the National Life Association. On the afternoon of the 1st day of October the assured inclosed said notice, together with a check for $7.90, payable to the order of the defendant, in the en
The defendant upon this appeal raises the question that in cases of this kind the plaintiff must allege in his complaint, and prove