Legal Opinion

Martin v. Equitable Accident Ass'n

New York Supreme Court

Decided November 15, 1891PublishedCited by 10 opinions

Appeal from circuit court, Broome county. Action by Eliza A. Martin against the Equitable Accident Association of Binghamton to recover on a policy insuring her husband against death by accident. Verdict and judgment for plaintiff. Defendant moved for a new trial, which was denied, and from the judgment and order denying the motion, it appeals.

1Opinion of the CourtMerwin, J.

This action is brought upon a certificate of membership issued by the defendant on the 23d November, 1883, to William A. Martin, the husband of the plaintiff, agreeing to pay to the plaintiff the principal sum, not exceeding $5,000, realized upon an assessment in accordance with the bylaws of the defendant, within 60 days after due and satisfactory proof that the member, at any time during the continuance of the membership, shall have sustained bodily injuries, effected through external, violent, and accidental means, within the intent and meaning of the contract and the conditions thereunto…

2Cases cited4 opinions

  1. Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
  2. Roby v. American Central InsuranceNew York Court of Appeals · 1890
  3. McElroy v. . MumfordNew York Court of Appeals · 1891
  4. Martin v. Manufacturers' Accident Indemnity Co.New York Supreme Court · 1891

3Cited by10 opinions

  1. Continental Casualty Co. v. LloydIndiana Supreme Court · 1905
  2. Delaney v. Modern Accident ClubSupreme Court of Iowa · 1903
  3. Blackman v. United States Casualty Co.Tennessee Supreme Court · 1906
  4. Roseberry v. American Benevolent Ass'nMissouri Court of Appeals · 1909
  5. Kenny v. Bankers Accident InsuranceSupreme Court of Iowa · 1907

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