Coles v. New York Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Orange County Court. Action by John Coles, Jr., against the New York Casualty Company. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtHirschberg, 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 barroom where he is employed and ordered…
2Cases cited10 opinions
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- 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
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- City of Stoughton v. PowersWisconsin Supreme Court · 1953
- Adams v. Oregon State PenitentiaryCourt of Appeals of Oregon · 1975