Evarts v. United States Mutual Accident Ass'n
New York Supreme Court
Appeal from circuit court, Erie county. Action by Harry Evarts, by guardian, against the United States Mutual Accident Association of the city of New York. From a judgment entered on the verdict of a jury, and also from an order denying defendant’s motion for a new trial on a case and exceptions, the notice of appeal bringing up for review that part of the order which permitted an amendment of the plaintiff’s complaint, defendant appeals.
1Opinion of the CourtMacomber, J.
The defendant belongs to that class of insurance companies which carry on a business of insurance against accidents on a mutual plan, and where the funds to meet losses and general expenses are derived from an assessment made upon the members from time to time. The plaintiff’s father, Harry Evarts, received a policy of the company August 9, 1888, under proper application, the contract being in part that, in case of the death of the assured by accident, the defendant should pay to his son, the plaintiff, Harry Evarts, the sum of $5,000. At the time the insurance was effected the assured paid…
2Cases cited1 opinion
- Knight v. Supreme CouncilNew York Supreme Court · 1889
3Cited by3 opinions
- Logsdon v. Supreme Lodge of Fraternal Union of AmericaWashington Supreme Court · 1904
- Detroit Manufacturers' Mutual Fire Insurance v. MerrillMichigan Supreme Court · 1894
- McGowan v. Supreme Council of Catholic Mutual Benefit Ass'nNew York Supreme Court · 1894