Martin v. Manufacturers' Accident Indemnity Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered October 9,1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action is brought by the widow of William A. Martin to recover a death claim under a policy issued by the defendant November 9,1888, to the said William.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered October 9,1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action is brought by the widow of William A. Martin to recover a death claim under a policy issued by the defendant November 9,1888, to the said William. The insured died at Binghamton (his place of residence) May 10th, 1889. His death, as the evidence tended to show, and as the jury found, was caused by a slight wound on the second…
1Opinion of the Court
Andrews, Ch. J.
The most serious question in this case arises on the construction of the writing signed by the assured on the 13th day of April, 1889. If it was merely a receipt it was open to explanation or contradiction, because a receipt is an admission merely, and not a contract. (Ryan v. Ward, 48 N. Y. 204.) But a receipt may embody a contract also, and when the written instrument has this double character, it is, so far as pertains to the contract, subject to the same rules of construction, and can be impeached in the same manner only, as other agreements in writing. Among the principles…
2Cases cited1 opinion
- Ryan v. . WardNew York Court of Appeals · 1872
3Cited by21 opinions
- Driskell v. United States Health & Accident InsuranceMissouri Court of Appeals · 1906
- H. P. Hood & Sons v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1910
- Komp v. . RaymondNew York Court of Appeals · 1903
- Jenkins v. Hawyeye Commercial Men's Ass'nSupreme Court of Iowa · 1910
- Traiser v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1909
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