Darrow v. . Family Fund Society
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 1, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. This was an action on a policy of insurance or certificate of membership issued by defendant upon the life of James H. Darrow, brought by plaintiff as the beneficiary named therein. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 1, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. This was an action on a policy of insurance or certificate of membership issued by defendant upon the life of James H. Darrow, brought by plaintiff as the beneficiary named therein. The facts are sufficiently stated in the opinion. This action at law cannot be maintained against the defendant without proof of sufficient money in the death fund of the association to pay the…
1Opinion of the CourtBradley, J.
The defendant is an insurance association, organized pursuant to chapter 175 of the Laws of 1883. On January 14,1885, James H. Darrow was admitted as a member of the association by a certificate and policy or undertaking, whereby, upon the terms and conditions mentioned in it, the defendant bound itself to pay to the plaintiff, within sixty days after the requisite proof of death of such member, $5,000 “ from the death fund of the society at the time of said death ” as in the policy “ mentioned and provided.” This member died in December, 1885. The defendant denies its liability to the…
2Cases cited6 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Fitch v. . American Popular Life Ins. Co.New York Court of Appeals · 1875
- Murray v. . New York Life Ins. Co.New York Court of Appeals · 1884
- Bradley v. . the Mutual Benefit Life Ins. Co.New York Court of Appeals · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
- Wilmington Trust Co. v. ClarkCourt of Appeals of Maryland · 1981
- In re EichnerAppellate Division of the Supreme Court of the State of New York · 1980
- McCoy v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1896
- In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
51 more not listed; retrieve them via the Exa API.