Metropolitan Casualty Ins. v. Johnston
Court of Appeals for the Third Circuit
In Error to the District Court oí the United States for the District of New Jersey; Thos. G. Haight, Judge. Ac!ion by Emma E. Johnston, individually and as executrix of the last will and testament of Henry Johnston, deceased, against the Metropolitan Casualty Insurance Company of New York. There was a judgment for plaintiff, and defendant brings error.
1Opinion of the Court
WOOLLEY, Circuit Judge.
This is an action on a policy of accident insurance. While the errors assigned cover the whole range of the trial, the single 'question urged on review is—Whether notice of the accident was given the insurance company within the time stipulated in the contract of insurance, and whether, accordingly, the trial court erred in refusing a motion for binding instructions in favor of the defendant.
A policy of accident insurance, issued by the defendant company to Henry Johnston, was in force on Feb. 28, 1914, when Johnston fell upon a sidewalk and sustained injuries to his…
2Cases cited15 opinions
- Fidelity & Deposit Co. v. CourtneySupreme Court of the United States · 1902
- Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
- Whiteside v. North American Accident InsuranceNew York Court of Appeals · 1911
- Lyon v. Railway Passenger Assurance Co.Supreme Court of Iowa · 1877
- Foster v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hoffman v. Employer's Liability Assurance Corp.Oregon Supreme Court · 1934
- Southern Surety Co. v. MacMillan Co.Court of Appeals for the Tenth Circuit · 1932
- Dean v. Northwestern Mutual Life InsuranceSupreme Court of Georgia · 1932
- George v. Aetna Casualty & Surety Co.Nebraska Supreme Court · 1931
- St. Louis Architectural Iron Co. v. New Amsterdam Casualty Co.Court of Appeals for the Eighth Circuit · 1930
23 more not listed; retrieve them via the Exa API.