Commercial Travelers' Mut. Acc. Ass'n v. Fulton
Court of Appeals for the Second Circuit
This case comes here upon writ of error to the circuit court, Northern district of New York. The action was brought by the plaintiffs (who are defendants in error) to recover §5,000 under a certificate of membership issued by defendant (which is plaintiff in error) to Thomas K. Fulton, and which, in effect, insured the plaintiffs, his beneficiaries, in the event of his death by accident. The jury found a verdict in favor of plaintiffs, upon which judgment was entered.
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This case comes here upon writ of error to the circuit court, Northern district of New York. The action was brought by the plaintiffs (who are defendants in error) to recover §5,000 under a certificate of membership issued by defendant (which is plaintiff in error) to Thomas K. Fulton, and which, in effect, insured the plaintiffs, his beneficiaries, in the event of his death by accident. The jury found a verdict in favor of plaintiffs, upon which judgment was entered. The facts sufficiently appear in the opinion.
1Opinion of the Court
LACOMBE, Circuit Judge.
The relevant parts of the policy, which is dated November 17, 3892, are as follows:
“The Commercial Travelers’ Mutual Accident Association of America, by ihis certificate of membership, in consideration of the membership fee and the warranties and agreements contained in his application for membership, hereby accexits Thomas 1C Pulton, * * * and hereby insures him, in the fol*424lowing' manner, subject * * * to all conditions hereinafter contained, against personal, bodily injuries affected during the continuance of membership and this insurance, through external, violent,…
2Cases cited4 opinions
- Hickory v. United StatesSupreme Court of the United States · 1894
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Travelers' Ins. v. MelickCourt of Appeals for the Eighth Circuit · 1894
- Park Bros. & Co. v. BushnellCourt of Appeals for the Second Circuit · 1894
3Cited by39 opinions
- Brooks v. Metropolitan Life InsuranceCalifornia Supreme Court · 1945
- Fidelity & Casualty Co. v. MeyerSupreme Court of Arkansas · 1912
- White v. Standard Life & Accident InsuranceSupreme Court of Minnesota · 1905
- Delaney v. Modern Accident ClubSupreme Court of Iowa · 1903
- Sullivan v. Metropolitan Life InsuranceMontana Supreme Court · 1934
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