Legnard v. Standard Life & Accident Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary C. Legnard, from a judgment of the Supreme Court in favor of the defendant, entered in the, office of the clerk of the county of Saratoga on the 21st day of October, 1902, upon the dismissal of the complaint by direction of the court after á trial at the Saratoga* Trial Term.
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Appeal by the plaintiff, Mary C. Legnard, from a judgment of the Supreme Court in favor of the defendant, entered in the, office of the clerk of the county of Saratoga on the 21st day of October, 1902, upon the dismissal of the complaint by direction of the court after á trial at the Saratoga* Trial Term. The action is brought upon a policy of insurance issued by the defendant to Edward Legnard, the plaintiff’s husband; By its terms the defendant insured' said Legnard for the term of one year from the 2d day of May, 1901, against death resulting from bodily injuries, caused solely by…
1Opinion of the Court
Chester, J.:
It is alleged in the complaint that the defendant waived the provisions of the policy requiring notice, of .injury and proofs of death *322and also the provision' requiring due notice of autopsy to be given. The claim of the plaintiff is that these provisions were waived by the defendant’s agent, Leonard, who had countersigned the policy.. Legnard died suddenly February 17, 1902, while on board a railroad train running from Albany to Troy. On the evening of that or of the next day Leonard told the plaintiff that her husband died from heart disease; that that was the decision of the…
2Cases cited2 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Bush v. . Westchester Fire Ins. Co.New York Court of Appeals · 1876
3Cited by4 opinions
- Cargile v. Union State BankSupreme Court of Oklahoma · 1914
- Foryciarz v. Prudential Ins. Co. of AmericaNew York Supreme Court · 1916
- Metropolitan Aluminum Manufacturing Co. v. LauAppellate Terms of the Supreme Court of New York · 1908
- Scheeler v. Casualty Co. of AmericaNew York Supreme Court · 1912