Baumiller v. Workingman's Co-operative Ass'n
New York Court of Common Pleas
Appeal from district court. Action by George Baumiller against the Workingman’s Co-onerative Association on a policy of insurance. There was a judgment, in favor of plaintiff, and defendant appeals.
1Opinion of the CourtPryor, J.
In an action on a policy of insurance in the Workingman’s Co-operative Association, for “sick benefits,” the plaintiff had judgment, to reverse which the defendant urges the present appeal. He challenges the judgment upon three grounds:
*27First. That the action was brought prematurely, because before expiration of the 30 days allowed by the policy. The fact is not apparent, and it was an affirmative defense, of which the appellant could not avail himself under his general denial.
Second. That no sufficient proof of plaintiff’s claim was presented to the association. We think otherwise. At all…
2Cases cited3 opinions
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Richmond v. . Niagara Fire Ins. Co.New York Court of Appeals · 1879
- Webb v. . OdellNew York Court of Appeals · 1872
3Cited by4 opinions
- Miles v. Casualty Co. of AmericaNew York Supreme Court · 1909
- Demings v. Supreme Lodge, Knights of Pythias of the WorldAppellate Division of the Supreme Court of the State of New York · 1897
- Yousey v. Queen InsuranceNew York Supreme Court · 1914
- O'Rourke v. John Hancock Mut. Life Ins.New York District Court · 1894