Gaines v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of May, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of May, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hooker, J.:
Defendant appeals from a judgment in favor of the plaintiff for the principal sum of an accident policy issued by the defendant, and from an order denying defendant’s motion for a new trial. The complaint alleges that the defendant issued its policy of insurance to Ulysses Gaines, which provided that the principal sum should be payable in case of his death 'to Lottie Gaines, whom he described in the schedule of warranties made by him- at the time the policy was issued, and which appears to be a part of the policy itself, as his wife. The answer admits the issuance of the policy of…
2Cases cited4 opinions
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Story v. Williamsburgh Masonic Mutual Benefit Ass'nNew York Court of Appeals · 1884
- Clemans v. Supreme Assembly Royal Society of Good FellowsNew York Court of Appeals · 1892
- Clements v. Connecticut Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Chitwood v. Prudential InsuranceSupreme Court of Virginia · 1965
- Gaines v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Makel v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Makel v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Succession of Holmes v. Continental Casualty Co.Louisiana Court of Appeal · 1914