Cilley v. Preferred Accident Insurance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Preferred Accident Insurance Company of New York, from a judgment of the Supreme Court in ' favor of the plaintiff, entered in the office of the clerk of the county of Erie on" the 27th day of January, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office -oh the 2d day of February, 1905, denying the defendant’s motion for a new., trial made upon the minutes. "
1Opinion of the Court
Hiscock, J.:
We aré of the opinion that the judgment appealed from should' be affirmed'.
*395This action was brought upon a.policy of insurance, issued by the defendant, to recover the insurance payable at the death of one Brad J. Gilley, husband of the plaintiff, and which death is claimed to have been caused by his having been accidentally thrown from a wagon in which he was driving.
Practically the only controverted issue of fact upon the trial was whether the death of the insured resulted while he was intoxicated. The learned trial justice ruled that if it did, no recovery could be had, whether…
2Cases cited2 opinions
- Lake Ontario National Bank v. JudsonNew York Court of Appeals · 1890
- Bender v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Burke v. National Liberty Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1925
- In re the Estate of CarpenterNew York Surrogate's Court · 1939
- Kotlowitz v. SilbersteinAppellate Terms of the Supreme Court of New York · 1913