Cole v. Preferred Accident Insurance
New York Supreme Court
Action to recover for death by accident on an accident insurance policy for $5,000. The policy was dated August 10, 1892, and the death occurred September 29, 1892. Only the first premium had accrued. At the close of the evidence for both sides counsel for defendant claimed there was no question of fact and moved for a direction of a verdict for defendant.
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Action to recover for death by accident on an accident insurance policy for $5,000. The policy was dated August 10, 1892, and the death occurred September 29, 1892. Only the first premium had accrued. At the close of the evidence for both sides counsel for defendant claimed there was no question of fact and moved for a direction of a verdict for defendant. Plaintiff’s counsel claimed there were three questions of fact for the jury, and the court submitted the same to the jury, and received a special verdict in favor of the plaintiff thereon, finding (1) that noticé of the death by accident…
1Opinion of the Court
Gaynor, J.:
At the close of the evidence the defendant claimed that there was no question of fact for the jury and moved for a direction.of a verdict in its favor. The plaintiff claimed that there were three questions of fact. A special verdict was taken thereon, and the finding was in his favor. This left all other questions of fact, if there be any, to the court, as well as the questions of law; and both sides moved for judgment on the special verdict. There are three questions to be passed upon.
1. The plaintiff introduced no direct evidence to show payment of the first premium (the only one…
2Cases cited5 opinions
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Bartlett v. Union Mutual Fire InsuranceSupreme Judicial Court of Maine · 1859
- Gough v. DavisNew York Supreme Court · 1898
- Landis v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1874
3Cited by3 opinions
- Paleias v. Equitable Life Assurance Society of the United StatesNew York Supreme Court · 1943
- Burgardt v. Lincoln National Life InsuranceSupreme Court of Iowa · 1952
- Darling v. The Protective Assurance Society, New York County Courts1911