Menneiley v. Employers' Liability Assurance Corp.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered October 27, 1893, which denied a motion for judgment on a verdict in favor of plaintiff, directed by the court at Circuit subject to the opinion of the General Term, and directed judgment in favor of defendant dismissing the complaint.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered October 27, 1893, which denied a motion for judgment on a verdict in favor of plaintiff, directed by the court at Circuit subject to the opinion of the General Term, and directed judgment in favor of defendant dismissing the complaint. The facts in this case were agreed upon by the parties, and were as follows: “ That on the 12th day of October, 1891, during the continuance of the said policy of insurance, Samuel D. W. Menneiley, the person mentioned in the complaint as the person insured…
1Opinion of the CourtMartin, J.
This action is upon a policy or contract of insurance issued by the defendant to Samuel D. W. Menneiley, by which, in case of his death from any accident, within the provisions of the policy, the defendant agreed within three months thereafter to pay to the plaintiff the sum of §5,000.
The conditions contained in the policy, so far as applicable to the questions involved in this case, are as follows: “ This policy does not insure against death or disablement * * * from accidents that shall bear no external and visible marks * * * nor against death or disablement arising from anything…
2Cases cited2 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Bacon v. . U.S.M.A. Assn.New York Court of Appeals · 1890
3Cited by29 opinions
- Rosenthal v. American Bonding Co. of BaltimoreNew York Court of Appeals · 1912
- Hawkeye Commercial Men's Ass'n v. ChristyCourt of Appeals for the Eighth Circuit · 1923
- Horsfall v. Pacific Mutual Life InsuranceWashington Supreme Court · 1903
- McGlother v. Provident Mut. Acc. Co. of PhiladelphiaCourt of Appeals for the Eighth Circuit · 1898
- Harasymczuk v. Massachusetts Accident Co.New York Supreme Court · 1926
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