Griswold v. Sawyer

New York Supreme Court

Griswold v. Sawyer

8 N.Y.S. 565, 1890 N.Y. Misc. LEXIS 1680

DecidedFebruary 4, 1890

StatusPublished

This text of 8 N.Y.S. 565 (Griswold v. Sawyer) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Griswold v. Sawyer, 8 N.Y.S. 565, 1890 N.Y. Misc. LEXIS 1680 (N.Y. Super. Ct. 1890).

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Opinion

Landon, J.

I concur in the opinion of the presiding justice. If the action were between the administrators and the company, I think it would have to be held that the facts urged in behalf of the children of the insured constitute no defense. On the face of the policy, the administrators have the better right, and the most that can be said against it is, that possibly the insured did mean the policy to be for the benefit of his children, and not of his estate. A prima facie case cannot be overcome by mere conjecture.

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Landon, J.

I concur in the opinion of the presiding justice. If the action were between the administrators and the company, I think it would have to be held that the facts urged in behalf of the children of the insured constitute no defense. On the face of the policy, the administrators have the better right, and the most that can be said against it is, that possibly the insured did mean the policy to be for the benefit of his children, and not of his estate. A prima facie case cannot be overcome by mere conjecture.

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Bluebook (online)

8 N.Y.S. 565, 1890 N.Y. Misc. LEXIS 1680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griswold-v-sawyer-nysupct-1890.