Podgorski v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of New York

Podgorski v. Prudential Insurance Co. of America

249 A.D. 794, 292 N.Y.S. 370, 1936 N.Y. App. Div. LEXIS 6030

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 1936

StatusPublished

This text of 249 A.D. 794 (Podgorski v. Prudential Insurance Co. of America) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Podgorski v. Prudential Insurance Co. of America, 249 A.D. 794, 292 N.Y.S. 370, 1936 N.Y. App. Div. LEXIS 6030 (N.Y. Ct. App. 1936).

Pincite

Opinion

Judgment and order reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The finding of the jury that the plaintiff delivered to the defendant’s agent Newman certain checks as payments on future accruing premiums is against the weight of the evidence in view of the letter of plaintiff to Newman dated February 14, 1933, and the testimony of the plaintiff and of Newman relating to Newman’s action. Further the plaintiff failed to prove payment of such future maturing premiums within the terms of the policy relating to the payment of premiums. All concur. (The judgment awards plaintiff double indemnity upon two life insurance policies. The order sets aside the verdict of the jury in part.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

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Judgment and order reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The finding of the jury that the plaintiff delivered to the defendant’s agent Newman certain checks as payments on future accruing premiums is against the weight of the evidence in view of the letter of plaintiff to Newman dated February 14, 1933, and the testimony of the plaintiff and of Newman relating to Newman’s action. Further the plaintiff failed to prove payment of such future maturing premiums within the terms of the policy relating to the payment of premiums. All concur. (The judgment awards plaintiff double indemnity upon two life insurance policies. The order sets aside the verdict of the jury in part.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

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Bluebook (online)

249 A.D. 794, 292 N.Y.S. 370, 1936 N.Y. App. Div. LEXIS 6030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/podgorski-v-prudential-insurance-co-of-america-nyappdiv-1936.