Trippe v. Provident Fund Society
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, entered upon an order made May 2, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover $5,000, the amount, alleged to be due upon a certificate of membership issued to Frederick W. Trippe, plaintiff’s intestate, by defendant. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, entered upon an order made May 2, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover $5,000, the amount, alleged to be due upon a certificate of membership issued to Frederick W. Trippe, plaintiff’s intestate, by defendant. The facts, so far as material, are stated in the opinion. The court erred in refusing to dismiss the complaint because the plaintiff had then failed to show the performance of the condition precedent to any liability on the…
1Opinion of the CourtO’Brien, J.
The defendant is an accident insurance company, upon the co-operative or assessment plan, and on the 13th day of Flarch, 1891, issued its policy or certificate to Frederick W. Trippe, the plaintiff’s intestate, whereby it agreed upon the considerations referred to in the instrument to pay to him certain sums specified as a weekly indemnity on account of disability from accidents within the terms of the contract, and also the sum of $5,000 in case of death “ through external, violent and accidental means.” The place of business of the insured was inn. building near Park place, in the city of…
2Cases cited4 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Insurance Companies v. BoykinSupreme Court of the United States · 1871
- Roby v. American Central InsuranceNew York Court of Appeals · 1890
- Travellers' Insurance v. EdwardsSupreme Court of the United States · 1887
3Cited by86 opinions
- Mutual Life Ins. Co. of NY v. JohnsonSupreme Court of the United States · 1934
- Lauritano v. American Fidelity Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Pfeiffer v. Missouri State Life InsuranceSupreme Court of Arkansas · 1927
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
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