Emeline Bogardus, Appellant v. New York Life Insurance Co., Respondent

Summary

The Court of Appeals affirmed the lower court's demurrer, holding that the plaintiff's complaint failed to state a viable contract claim because she did not allege an adequate excuse for her nonpayment of premiums and the insurance policy did not obligate the insurer to keep class funds separate. The alleged breach of a non‑existent duty does not excuse the plaintiff's condition‑precedent breach, and the representations in the policy are not warranties giving rise to a contract action.