Palmer v. Commercial Travellers' Mut. Acc. Ass'n of America
New York Supreme Court
Case submitted on agreed statement. Plaintiff, Catherine B. Palmer, claims to recover the sum of $5,000 as the amount of an insurance benefit payable to her as the beneficiary of her husband, Joseph H. Palmer, a deceased member of defendant association.
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Case submitted on agreed statement. Plaintiff, Catherine B. Palmer, claims to recover the sum of $5,000 as the amount of an insurance benefit payable to her as the beneficiary of her husband, Joseph H. Palmer, a deceased member of defendant association. The defense is that defendant was not immediately notified of the accident, and had no knowledge of it until after decedent’s death,—nearly five months after' the accident; that the notice of death was not immediate; that the injuries sustained by the decedent did not occasion his death within 90 days from the happening thereof. Defendant is a…
1Opinion of the CourtMerwin, J.
The defense in this case is based on the provisions of the certificate of membership. The plaintiff claims that that certificate was not a part of the contract, and that she is not bound by its conditions. Her position is that the contract was complete upon the passage by the board of directors
*873upon Friday evening of the resolution approving the application and accepting Palmer as a member, and that the certificate executed the next day could attach no condition not specified in the constitution or by-laws. The certificate bears date the same as the resolution, operates as of that date, is…
2Cases cited2 opinions
- De Grove v. . Metropolitan Ins. Co.New York Court of Appeals · 1875
- Fried v. . Royal Insurance Co.New York Court of Appeals · 1872
3Cited by3 opinions
- Blown v. United States Casualty Co.U.S. Circuit Court for the District of Northern California · 1899
- Mullins v. National Casualty Co.Court of Appeals of Kentucky (pre-1976) · 1938
- Orenstein v. Preferred Accident InsuranceSupreme Court of Minnesota · 1917