Cram v. Equitable Accident Ass'n
New York Supreme Court
Motion for new trial on exceptions. Action by Harry D. Gram and others,-by their guardian, against the Equitable Accident Association of Binghamton, for failure to levy an assessment on the deatli of Harry D. Cram, a deceased member of defendant. There was a verdict in plaintiffs’ favor, and defendant now moves for a new trial on a case and exceptions ordered to be heard in the first instance at the general term.
1Opinion of the CourtDwight, P. J.
The action was on a certificate of membership of the defendant association, issued to one Harry D. Gram, since deceased, by which in the event of the death of the member, occasioned in a manner specified, the ■defendant undertook to pay to his heirs “the principal sum not exceeding 44,000, realized upon an assessment in accordance with the provisions of section 1 of article 6 of the by-laws, as printed on the back of this certificate;” and the section referred to prescribed the time and mode of making such assessment. The death' of the member occasioned in a manner specified, the service of…
2Cases cited2 opinions
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- Martin v. Equitable Accident Ass'nNew York Supreme Court · 1890