Hagadorn v. Masonic Equitable Accident Ass'n of the World
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Masonic Equitable Accident Association of the World, from a judgment of the Supreme Court in favor of the plaintiff, entered in.the office of the clerk of the county of Schoharie on the 29th day of January, 1900, upon the verdict of a jury, and also from an order, bearing date the 18th day of January, 1900, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, The Masonic Equitable Accident Association of the World, from a judgment of the Supreme Court in favor of the plaintiff, entered in.the office of the clerk of the county of Schoharie on the 29th day of January, 1900, upon the verdict of a jury, and also from an order, bearing date the 18th day of January, 1900, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. Indorsed on the back of the policy there were the following conditions, among others: “Fifth. Written notice shall be given the said Association at Boston,…
1Opinion of the Court
Kellogg, J.:
The appeal in this case presents several questions for our determination, and the principal questions "may be stated as follows, viz.: Was there sufficient evidence of total disability of the assured, resulting from the accident, within thirty days from the date of the accident, to warrant the submission of the case to the jury ? Was there any evidence of waiver of notice of the accident which authorized the submission to the jury of that question ?
The policy held by the assured, William Hagadorn, at the time of the accident contained a promise to pay in these words: “ The sum of…
2Cases cited1 opinion
- Walker v. Phœnix Insurance Co. of HartfordNew York Court of Appeals · 1898
3Cited by3 opinions
- Laventhal v. Fidelity & Casualty Co. of New YorkCalifornia Court of Appeal · 1908
- Orenstein v. Preferred Accident InsuranceSupreme Court of Minnesota · 1917
- Babcock v. Pacific Mutual Life InsuranceNew York Supreme Court · 1901