New York Court of Appeals

Mary E. Whitehead, Respondents v. the New York Life Insurance Company, Appellant

April 13, 1886102 N.Y. 143

Summary

The New York Court of Appeals reversed the lower court's judgment and remanded for a new trial, holding that the wife and children possessed a vested ownership interest in the life‑insurance policies at issuance, that the husband's surrender without their assent was unauthorized, that the forfeiture of policy A was not waived by surrender, and that the insurer was liable for the full sum insured less unpaid premiums and interest on the remaining policies.