Paul v. Fidelity & Casualty Co.

This is an action of contract to recover the sum of $5,000 upon an accident policy issued by the defendant, a corporation organized under the laws of the State of New York, to one Charles F. Paul, who died May 29, 1902, as the result of accidental injuries received a few days previously. The policy is payable to Carrie Y. Paul the plaintiff and the action is brought by a receiver in her name for his benefit. The case comes here on a report by the presiding justice after a refusal to rule as requested by the defendant that there was no evidence of waiver on its part of the terms of the policy,…