Noyes v. Commercial Travellers' Eastern Accident Ass'n
Massachusetts Supreme Judicial Court
Conte ACT by a member of a fraternal beneficiary association, incorporated under St. 1894, c. 867, upon his certificate of membership, to recover $2,500 as an indemnity for the loss of his left leg by an accident on August 24, 1904. Writ dated December 31, 1904. In the Superior Court the case was tried before JBe.ll, J. It appeared that the certificate sued upon was as follows: “No. 1008. “ Commercial Travellers’ Eastern Accident Association doth hereby certify that Person…
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Conte ACT by a member of a fraternal beneficiary association, incorporated under St. 1894, c. 867, upon his certificate of membership, to recover $2,500 as an indemnity for the loss of his left leg by an accident on August 24, 1904. Writ dated December 31, 1904. In the Superior Court the case was tried before JBe.ll, J. It appeared that the certificate sued upon was as follows: “No. 1008. “ Commercial Travellers’ Eastern Accident Association doth hereby certify that Person Noyes of Lowell, Mass., has this day been elected a member of said Association; and, in consideration of the receipt from…
1Opinion of the CourtKnowlton, C. J.
This is an action of contract, brought by a member of the defendant fraternal benefit association, to recover $2,500 as an indemnity for the loss of a leg by a railroad accident. To maintain the action the plaintiff, at the trial, was bound to establish two propositions: First, that the accident was within the terms of the contract creating a liability; and secondly, that he furnished to the defendant, as required by the contract, satisfactory proof of the particular disability suffered by him.
The defendant objected to a part of the evidence offered to support the first proposition, on the…
2Cases cited12 opinions
- Insurance Co. v. RodelSupreme Court of the United States · 1877
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- Cluff v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bohaker v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1913
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Weinstein v. MillerMassachusetts Supreme Judicial Court · 1924
- Jacobs v. Loyal Protective InsuranceSupreme Court of Vermont · 1924
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