Legal Opinion

Fort Wayne Mercantile Accident Ass'n v. Scott

Indiana Court of Appeals

Decided June 25, 1919No. 10,467PublishedCited by 4 opinions

From Allen Superior Court; Carl Tapie, Judge. Action by John E. Scott against the Fort Wayne Mercantile Accident Association. From a judgment for plaintiff, tbe defendant appeals.

1Opinion of the CourtMcMahan, J.

— The appellee commenced this action to recover upon a certificate of membership in appellant association insuring him against accidents. Appellant filed a plea in abatement, to which a demurrer was sustained. The issues being closed by the filing of an answer and reply, the cause was tried by a jury, and resulted in a verdict and judgment for appellee.

Appellant filed a motion for a new trial for the reasons: (1) That the.court erred in sustaining the demurrer to the plea in abatement; (2, 3, 4, 5 and 6) that the court erred in giving certain instructions; (7) that the court erred in refusing…

2Cases cited3 opinions

  1. Parker v. State ex rel. PowellIndiana Supreme Court · 1892
  2. Dudgeon v. BronsonIndiana Supreme Court · 1902
  3. Hutts v. BowersIndiana Supreme Court · 1881

3Cited by4 opinions

  1. Ball Bros. v. Review Board of the Indiana Employment Security DivisionIndiana Court of Appeals · 1961
  2. Washington Natl. Insurance Co. v. HinesIndiana Court of Appeals · 1935
  3. Sacks v. WINKLERIndiana Court of Appeals · 1967
  4. Sacks v. WINKLERIndiana Court of Appeals · 1967

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