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Equitable Trust Co. of New York v. Taylor

Supreme Court of New York, Appellate Division

October 6, 1911

THE EQUITABLE TRUST COMPANY OF NEW YORK, Respondent,
v.
ARTHUR N. TAYLOR, Appellant.

APPEAL by the defendant, Arthur N. Taylor, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, rendered on the 26th day of May, 1911.

COUNSEL

H. F. Lawrence, for the appellant.

Robert E. McLear [Herbert G. McLear with him on the brief], for the respondent.

OPINION

BURR, J.:

On April 9, 1905, defendant executed and delivered to Archibald C. Haynes, general agent of the Equitable Life Assurance Society, an instrument in the following form:

Page 425

'NEW YORK, April 19th, 1905.

'Mr. ARCHIBALD C. HAYNES,

'General Agent,

'The Equitable Life Assurance Society,

'No. 25 Broad street, N.Y. :

'DEAR SIR.--I hereby acknowledge having received from Mr. W. E. Watts policy No. 1447474 being for $1,000.00 on my life in the Equitable Life Assurance Society. You are authorized and requested to place the said policy in force from this date, and I promise to pay you or your order the first annual premium, amounting to $53.10, as follows:

'Cash paid W. E. Watts ..  

 $21.24

'On July 10th, 1905 ......  

 10.00

'On Sept. 10th, 1905 .....  

 10.00

'On Nov. 10th, 1905 ......  

 11.86

  

------

  

$53.10

  

------

'Very truly yours,

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