Casey v. Metropolitan Life Insurance

Appellate Terms of the Supreme Court of New York

Casey v. Metropolitan Life Insurance

123 Misc. 224, 204 N.Y.S. 199, 1924 N.Y. Misc. LEXIS 807

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 10, 1924

StatusPublished

This text of 123 Misc. 224 (Casey v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Casey v. Metropolitan Life Insurance, 123 Misc. 224, 204 N.Y.S. 199, 1924 N.Y. Misc. LEXIS 807 (N.Y. Ct. App. 1924).

Pincite

Opinion

Per Curiam..

Plaintiff sues as assignee of the beneficiary of a life insurance policy. The policy provides that payment shall be made by defendant upon “ production of the policy properly receipted.” The case was tried on an agreed statement of facts. [225]*225It is conceded that the policy is held by a third person in Ireland upon some claim which appears to be wholly untenable. The plain implication of the terms of the policy is that plaintiff’s assignor, as beneficiary, is entitled to its possession.

We do not understand the contention of plaintiff’s counsel that there is no process by which possession of the policy can be obtained by the plaintiff. On the contrary, the presumption is that there is. The policy is concededly neither lost nor destroyed, and defendant cannot be compelled to pay, except according to the terms of its contract.

Judgment reversed, with thirty dollars costs, and complaint dismissed, with costs.

All concur; present, Bijur, McCook and Crain, JJ.

Judgment reversed.

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