Martin v. Manufacturers' Accident Indemnity Co.
New York Supreme Court
Appeal from circuit court, Broom county. Action by Eliza A. Martin against the Manufacturers’ Accident Indemnity Company.
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Appeal from circuit court, Broom county. Action by Eliza A. Martin against the Manufacturers’ Accident Indemnity Company. On a certificate or policy of insurance issued by the defendant on the 9th day of November, 1888, “by which they undertook and agreed, among other things, to pay to the plaintiff the sum realized upon an assessment made in accordance with the provisions of its by-laws, not exceeding $5,000, within ninety days after the filing with said defendant due proof that said William A. Martin has sustained bodily injuries effected through external, violent, or accidental means,…
1Opinion of the CourtHardin, P. J.
Plaintiff is entitled to have the most favorable inferences deducible from the evidence and conflicts in the evidence resolved in her favor while reviewing the motion for nonsuit. Weil v. Railroad Co., 119 N. Y. 153, 23 N. E. Rep. 487. Whether the death ensued from injuries covered by the provisions of the policy, upon the evidence produced, was a question for the jury to determine.
2. Apparently the critical and important question in the case arises upon the effect to be given to the paper signed by the deceased on the 13th day of April, 1889, which was in the following words:
“Received from…
2Cases cited8 opinions
- Train v. . Holland Purchase Ins. Co.New York Court of Appeals · 1875
- Brick v. . CampbellNew York Court of Appeals · 1890
- Good v. . DalandNew York Court of Appeals · 1890
- Peck v. Equitable Acc. Ass'nNew York Supreme Court · 1889
- In re BoothNew York Supreme Court · 1882
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3Cited by5 opinions
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
- Martin v. Equitable Accident Ass'nNew York Supreme Court · 1891
- Martin v. Manufacturers' Accident Indemnity Co.New York Supreme Court · 1892
- Martin v. Manufacturers' Accident Indemnity Co.New York Supreme Court · 1893
- Sawdy v. Village of LivoniaAppellate Division of the Supreme Court of the State of New York · 1900