New York Court of Common Pleas, 1880

Taylor v. Charter Oak Life Insurance

Taylor v. Charter Oak Life Insurance
New York Court of Common Pleas · Decided July 1, 1880 · Beach
59 How. Pr. 468

Counsel

W. J. Butler, for plaintiffs., Charles B. Alexander and A. J. Vanderjpoel, for defendant.

Taylor v. Charter Oak Life Insurance

Opinion of the Court

Beach, J.

I have serious doubt as to the jurisdiction of this court to entertain this action against the defendant, a foreign corporation.

The admitted fact that the policy had lapsed by the nonpayment of premium before the commencement of this suit, disposes of the plaintiff’s claimed right of action for the recovery of premiums paid.

There was no trust between the parties by virtue of the policy, and the relief demanded, based upon the existence of that relationship, cannot, therefore, be obtained.

Judgment for the defendant on demurrer, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.