Legal Opinion

Neill v. Order of United Friends

New York Court of Appeals

Decided May 26, 1896PublishedCited by 14 opinions

Appeal from order of the General Term of the Supreme ■Court in the second judicial department, made May 14, 1894, which reversed a judgment in favor of defendant entered upon a decision of the court directing a non-suit on trial at ■Circuit, and granted a new trial. The nature of the action and the facts, so far as material,' •are stated in the opinion.

1Opinion of the CourtHaight, J.

This action was brought to recover the sum of "fifteen hundred dollars upon a certificate of membership issued to plaintiff by the defendant, a duly incorporated domestic insurance association. Under the- by-laws he is entitled to recover that sum when, by reason of disease or accident, he becomes permanently disabled from following his usual or ■some other occupation. The plaintiffs usual occupation was that of a railroad brakeman, and while in the discharge of his duties as such he was pushed from his car by a tramp, and so severely injured that amputation of one of his legs became…

2Cited by14 opinions

  1. Erreca v. Western States Life InsuranceCalifornia Supreme Court · 1942
  2. Beach v. Supreme Tent of Knights of MacCabeesNew York Court of Appeals · 1904
  3. Monahan v. Supreme Lodge of the Order of Columbian KnightsSupreme Court of Minnesota · 1903
  4. Carson v. New York Life InsuranceSupreme Court of Minnesota · 1925
  5. Storwick v. Reliance Life InsuranceWashington Supreme Court · 1929

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