Security Accident & Sick Benefit Ass'n v. Lee
Indiana Supreme Court
From Bartholomew Circuit Court; F. T. Fiord, Judge. Action by Annie Lee against the Security Accident and Sick Benefit Association. From a judgment for plaintiff, defendant appeals. Transferred from Appellate Court, under §1337u Burns 1901.
1Opinion of the CourtMonks, J.
This was an action brought by the appellee to recover sick benefits alleged to be due under a policy of insurance. A trial of the cause by the court resulted in a finding and judgment against the appellant. Two errors are assigned: (1) That the court erred in overruling the demurrer, for want of facts, to the amended complaint; (2) that the court erred in overruling the appellant’s motion for a new trial.
The only objection urged against the complaint is, that it fails to comply with §373 Burns 1901, which provides: “In pleading the performance of a condition precedent in a contract, if shall…
2Cases cited2 opinions
- Ætna Insurance v. KittlesIndiana Supreme Court · 1881
- Indiana, Decatur & Western Railway Co. v. DittoIndiana Supreme Court · 1902
3Cited by12 opinions
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- Lake Erie & Western Railroad v. ShelleyIndiana Supreme Court · 1904
- Webster v. BlighIndiana Court of Appeals · 1912
- Welch v. State, ex rel. BeauchampIndiana Supreme Court · 1905
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. WilsonIndiana Supreme Court · 1903
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