Dustin v. Interstate Business Men's Accident Ass'n
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. James McNenNEy, Judge. Action by Martha Alice Dustin, against the Interstate Business Men’s Accident Association, to recover upon an accident policy. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (2) To point two of the opinion, Appellant cited; Sweeney v. Hewett, 34 S. D. 304. (4) To point four of .the opinion (first holding), Appellant cited: Globe Accident Co. v. Gerisch, 163 Ill.
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Appeal from Circuit Court, Lawrence County. Hon. James McNenNEy, Judge. Action by Martha Alice Dustin, against the Interstate Business Men’s Accident Association, to recover upon an accident policy. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (2) To point two of the opinion, Appellant cited; Sweeney v. Hewett, 34 S. D. 304. (4) To point four of .the opinion (first holding), Appellant cited: Globe Accident Co. v. Gerisch, 163 Ill. App. 625, 45 N. E. 563. (To last holding) : Cooley’s Constitutional Limitations, 6th Ed. 51; Commercial Travelers’ v.…
1Opinion of the CourtPolley, P. J.
This action is brought for the recovery of $2,500 claimed to be due on an accident insurance policy issued by defendant to one J. F. Dustin, and'in which this plaintiff is named as beneficiary. Said policy was issued on the 10th day of July, 1913, pursuant to a written application theretofore made by ■said Dustin. But two paragraphs, C and 16 of said policy, are of importance on this appeal. Said paragraphs read as folows :
“C. If, as a result of such injury, independent of all other causes, intervening, contributing or concerning, the death of the member shall occur within ninety days from…
2Cases cited5 opinions
- Wisconsin Marine & Fire Insurance Co. Bank v. WilkinWisconsin Supreme Court · 1897
- Hartung v. WitteWisconsin Supreme Court · 1884
- Green Bay & Mississippi Canal Co. v. HewettWisconsin Supreme Court · 1882
- Hronish v. Home InsuranceSouth Dakota Supreme Court · 1914
- State v. SyversonSouth Dakota Supreme Court · 1916
3Cited by12 opinions
- Farmers Mutual Automobile Insurance v. BechardSouth Dakota Supreme Court · 1963
- Davenport v. Firemen's InsuranceSouth Dakota Supreme Court · 1924
- Wahl v. Inter-State Business Men's Accident Ass'nSupreme Court of Iowa · 1926
- Aaberg v. Minneapolis Commercial Men's Assn.Supreme Court of Minnesota · 1925
- Kiley v. Pacific Mut. Life Ins. Co.Supreme Court of Alabama · 1939
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