Coles v. New York Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Coles, Jr., from a judgment of the, County Court of Orange county in favor of the defendant, entered in the office of the clerk of the county of Orange on the 3d day of June, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Orange Trial Term.
1Opinion of the Court
Hirschberg, J.:
The action is brought to recover the indemnity stipulated in a policy of accident insurance, issued by the defendant to the plaintiff. At the close of the plaintiff’s evidence the learned trial court granted the defendant’s motion to dismiss the complaint, which motion was made “ upon the ground that the plaintiff has shown by his own testimony that he violated the terms of the policy at the time of the injury.”
The plaintiff’s occupation is that of bartender. On the occasion of his receiving the injury of which he complains he had opened the door of the bar room where he is…
2Cases cited9 opinions
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Supreme Council of Order of Chosen Friends v. GarrigusIndiana Supreme Court · 1885
- Bradley v. . the Mutual Benefit Life Ins. Co.New York Court of Appeals · 1871
- Gresham v. Equitable Accident InsuranceSupreme Court of Georgia · 1891
- Marshall v. Commercial Travelers' Mutual Accident Assn. of AmericaNew York Court of Appeals · 1902
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3Cited by2 opinions
- City of Stoughton v. PowersWisconsin Supreme Court · 1953
- Adams v. Oregon State PenitentiaryCourt of Appeals of Oregon · 1975