Ewing v. Commercial Travelers' Mutual Accident Ass'n of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Commercial Travelers’ Mutual Accident Association of America, from a judgment of the Supreme Court in favor of the plaintiff, entered.in. the office of the clerk of the county of Chemung on the 10th day of April, 1899, upon the verdict.of a jury, and also from an order entered in said clerk’s office on' the 26th day of June, 1900, denying the defendant’s motion for a new trial made on a case and exceptions.
Read the full summary
Appeal by the defendant, The Commercial Travelers’ Mutual Accident Association of America, from a judgment of the Supreme Court in favor of the plaintiff, entered.in. the office of the clerk of the county of Chemung on the 10th day of April, 1899, upon the verdict.of a jury, and also from an order entered in said clerk’s office on' the 26th day of June, 1900, denying the defendant’s motion for a new trial made on a case and exceptions. In 1890, the. defendant issued to Alexander L. Ewing, Jr., a policy of insurance and thereby made him a member of its association. The terms of the policy, in…
1Opinion of the Court
Kellogg, J.:
There seems to have been evidence sufficient at the trial of this action to justify the jury in finding that the deceased (Alexander L. Ewing, Jr.) died from, the effects of morphine taken accidentally and without design, and not taken “ while the member was, or in consequence of his having been, under the influence of intoxicating drinks.” Aside from errors of law alleged to have been committed at the trial, the defendant urges that the proof shows that defendant did not have the notice stipulated for in the policy, “ immediate notice, * * * with full particulars .of the…
2Cases cited1 opinion
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
3Cited by12 opinions
- Johnson v. Bankers Mutual Casualty InsuranceSupreme Court of Minnesota · 1915
- George v. Aetna Casualty & Surety Co.Nebraska Supreme Court · 1931
- Reardon v. Mutual Life Insurance Co. of New YorkSupreme Court of Connecticut · 1952
- Root v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Gould v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
7 more not listed; retrieve them via the Exa API.