Paul v. . Travelers' Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of, the Supreme Court in the fourth judicial department, made July 3, 1887, which reversed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. This action was upon an accident policy of insurance. The material facts are stated in the opinion. The death of the deceased was caused by the inhaling of gas within the meaning of the policy. (36 Alb.
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Appeal from order of the General Term of, the Supreme Court in the fourth judicial department, made July 3, 1887, which reversed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. This action was upon an accident policy of insurance. The material facts are stated in the opinion. The death of the deceased was caused by the inhaling of gas within the meaning of the policy. (36 Alb. Law Jour. 263 ; Jackson v. Lewis, 17 Johns. 475 ; People v. N. Y. C. R. R. Co., 13 N. Y. 78; Benton v. Wickwire, 54 id. 226; Dwight v. G. L. Ins. Co., 103 id. 347.) Parties…
1Opinion of the CourtGray, J.
This record contains no other evidence or proofs than are embodied in a paper, entitled “ statement of facts and stipulation of attorneys,” which was submitted by the counsel to the trial judge. Upon this stipulation the trial judge found, among others, the following as facts : “ That on December 3, 1884, and during the continuance of the said certificate or policy of insurance, the said Matthew L. Paul died; that at the time A his death he was stopping as a guest at the Sturtevant • House in Eew York city; that he went to his room in said hotel between ten and eleven o’clock p. or. of…
2Cases cited5 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- McGlinchey v. Fidelity & Casualty Co.Supreme Judicial Court of Maine · 1888
- Yeaton v. FrySupreme Court of the United States · 1809
- White v. Hudson River InsuranceNew York Supreme Court · 1854
3Cited by134 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Urian v. Scranton Life Ins. Co.Supreme Court of Pennsylvania · 1932
- Carnes v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1898
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