Martin v. Equitable Accident Ass'n
New York Supreme Court
Appeal from circuit court, Broome county. Action by Fannie Martin against the Equitable Accident Association of Binghamton, IT. Y., on a certificate of membership issued by the defendant, which was in the nature of a policy of insurance against accident.
Read the full summary
Appeal from circuit court, Broome county. Action by Fannie Martin against the Equitable Accident Association of Binghamton, IT. Y., on a certificate of membership issued by the defendant, which was in the nature of a policy of insurance against accident. It was issued to John H. Martin, and provided that, in case of his death, the defendant should pay the plaintiff the principal sum, not exceeding $1,000, realized upon an assessment made in accordance with the provisions of section 1 of article 4 of the defendant’s by-laws, which provides that the defendant shall pay the person named in the…
1Opinion of the CourtMartin, J.
The only question we deem it necessary to consider is whether the recovery in this action can be upheld when there was neither allegation nor proof that the plaintiff sustained any damage because of the defendant’s failure to perform its contract. The defendant’s contract was that it would pay the amount realized from an assessment of its members, not exceeding $1,000. Thus the measure of the defendant’s liability was the sum which would have been realized from such an assessment, if made, unless it exceeded such limitation. With no allegation or proof of the amount which would have been…
2Cases cited2 opinions
- Peck v. Equitable Acc. Ass'nNew York Supreme Court · 1889
- O'Brien v. Home Benefit SocietyNew York Supreme Court · 1889
3Cited by3 opinions
- Cushman v. Family Fund SocietyNew York Court of Common Pleas · 1891
- Cram v. Equitable Accident Ass'nNew York Supreme Court · 1890
- Meyers v. United Life InsuranceCity of New York Municipal Court · 1891