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Dochter v. Equitable Life Assurance Society of the United States

Court of Appeals of the State of New York
Mar 19, 1935
195 N.E. 364 (N.Y. 1935)

Summary

In Dochter v. Equitable Life Assurance Society (266 N.Y. 648) an examination of the case on appeal discloses that the trial court submitted to the jury the issue of the receipt of the two alleged letters sent by the insured's brother to the defendant notifying the defendant of the insured's disability and confinement in a hospital, the court charging that the letters if received would constitute "due proof" required under the terms of the policy.

Summary of this case from Levine v. New York Life Insurance Co.

Opinion

Argued February 28, 1935

Decided March 19, 1935

Appeal from the Supreme Court, Appellate Division, First Department.

James D. Ewing and Peter C. Mann for appellant.

A.H. Waisman for respondent.


Judgment affirmed, with costs; no opinion.

Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ. Not sitting: FINCH, J.


Summaries of

Dochter v. Equitable Life Assurance Society of the United States

Court of Appeals of the State of New York
Mar 19, 1935
195 N.E. 364 (N.Y. 1935)

In Dochter v. Equitable Life Assurance Society (266 N.Y. 648) an examination of the case on appeal discloses that the trial court submitted to the jury the issue of the receipt of the two alleged letters sent by the insured's brother to the defendant notifying the defendant of the insured's disability and confinement in a hospital, the court charging that the letters if received would constitute "due proof" required under the terms of the policy.

Summary of this case from Levine v. New York Life Insurance Co.
Case details for

Dochter v. Equitable Life Assurance Society of the United States

Case Details

Full title:LOUIS DOCHTER, as Administrator of the Estate of MOLLIE DOCHTER, Deceased…

Court:Court of Appeals of the State of New York

Date published: Mar 19, 1935

Citations

195 N.E. 364 (N.Y. 1935)
195 N.E. 364

Citing Cases

Levine v. New York Life Insurance Co.

( Schell v. Metropolitan Life Ins. Co., [Mo. App.] 3 S.W.2d 269.) In Dochter v. Equitable Life Assurance…