Sanford v. Commercial Travelers' Mutual Accident Ass'n of America
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth "judicial department, made February 5, 1895, which reversed an order of" the Special Term directing a reference to hear and determine, and denied a motion for such reference.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fourth "judicial department, made February 5, 1895, which reversed an order of" the Special Term directing a reference to hear and determine, and denied a motion for such reference. The action was brought upon a certificate of membership issued by the defendant, a mutual accident association, to recover the amount made payable, by the terms thereof, to the plaintiff, as beneficiary, upon the death of the member by accident. The facts, so far as material, are stated in the opinion. In civil proceedings a party may waive either…
1Opinion of the CourtGray, J.
The certificate of insurance, to recover upon which this action was brought, contained this clause: “ It is hereby stipulated and agreed, by and between this association and the member named herein and his beneficiary, that the issues in any action brought against it under this certificate shall, on the demand of this association or its attorney, be referred for trial to a referee to be appointed by the court in which such action is brought.” An order of reference of the issues in the action has been reversed at the General Term below and the motion for a reference denied; and the question is…
2Cases cited1 opinion
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
3Cited by13 opinions
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
- Murray Oil Products Co. v. Mitsui & Co.Court of Appeals for the Second Circuit · 1944
- Knorr v. BatesNew York Court of Common Pleas · 1895
- Sliosberg v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1926
- Sudbury v. Ambi Verwaltung Kommanditgesselschaft auf AktienAppellate Division of the Supreme Court of the State of New York · 1925
8 more not listed; retrieve them via the Exa API.