Benard v. Protected Home Circle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Martha Benard and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cattaraugus on the 9th day of October, 1913, upon the verdict of a jury rendered by direction of the court. Ho tice is given of plaintiffs’ intention to bring up for • review upon the appeal the interlocutory judgment herein.
1Opinion of the Court
Lambert, J.:
This is an action to recover upon a contract of life insurance issued by the respondent upon the life of George Benard. The issuing of the certificate, the payment of all premiums due and the death of the insured are all conceded. The defense is based upon the conceded fact that Benard died from carbolic acid administered by his own hand. In this connection there is *60invoked a suicide clause in both the certificate of insurance and in the by-laws of the respondent. Both these clauses are set forth in full in the answer.
Plaintiffs do not attempt to combat the proof that the insured…
2Cases cited1 opinion
- Meacham v. New York State Mutual Benefit Ass'nNew York Court of Appeals · 1890
3Cited by3 opinions
- Schelberger v. Eastern Savings BankAppellate Division of the Supreme Court of the State of New York · 1983
- Klein v. Supreme Council of Loyal Ass'nAppellate Terms of the Supreme Court of New York · 1915
- Martin v. John Hancock Mutual Life InsuranceNew York Supreme Court · 1983