Darrow v. Family Fund Society
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered at the Saratoga Circuit upon a verdict directed by the court, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. This action was brought upon a policy of insurance or certificate of membership issued by the defendant, a corporation organized under chapter 175 of the Laws of 1883, upon the life of James IT.
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Appeal from a judgment in favor of the plaintiff, entered at the Saratoga Circuit upon a verdict directed by the court, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. This action was brought upon a policy of insurance or certificate of membership issued by the defendant, a corporation organized under chapter 175 of the Laws of 1883, upon the life of James IT. Darrow for the sum of $5,000. The policy, or as it is styled by its own terms the bond, bears date January 14, 1885, is issued under the corporate seal and the…
1DissentLearned, P. J.
This is an action on a policy of insurance or certificate of membership or bond, issued by defendant to J ames H. Darrow. The *249defendant is incorporated under chapter 175, Laws of 1883, and does the business of life insurance on the co-operative or assessment plan. By the policy of insurance (or bond, as defendant calls it) the defendant, within sixty days after evidence of the death of Darrow, was to pay the plaintiff $5,000 “from the death fund of the society at the time of said death, as hereinbefore mentioned and provided.” It was further provided therein that whenever the death fund is…
2Cases cited2 opinions
- Fitch v. . American Popular Life Ins. Co.New York Court of Appeals · 1875
- Patrick v. Excelsior Life InsuranceNew York Supreme Court · 1875