Gaines v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lottie Gaines, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings oh the 2d day of December, 1904, upon the verdict of a jury, also from an order entered in paid clerk’s office on the 28th day of October, 1904, denying the plaintiff’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 28th day of' October, 1904, denying the…
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Appeal by the plaintiff, Lottie Gaines, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings oh the 2d day of December, 1904, upon the verdict of a jury, also from an order entered in paid clerk’s office on the 28th day of October, 1904, denying the plaintiff’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 28th day of' October, 1904, denying the plaintiff’s motion for a new trial made on the ground of newly-discovered evidence. •
1Opinion of the Court
Hirschberg, P. J.:
I think the verdict of the jury in favor of the defendant is sufficiently supported by the evidence with respect to each of the three points submitted, viz., whether the plaintiff was the wife of the deceased at the time the insurance was effected; whether the injuries resulting in the death of the deceased were intentionally inflicted, and whether the death of the deceased resulted from fighting.
The policy is one of accident insurance, payable to the plaintiff, who - was warranted by the deceased to be his wife. The case was before this court on appeal from a judgment and…
2Cases cited2 opinions
- Gaines v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Makel v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by6 opinions
- O'Bar v. Southern Life Health Ins. Co.Supreme Court of Alabama · 1936
- Chitwood v. Prudential InsuranceSupreme Court of Virginia · 1965
- Mcquade v. Prudential Insurance of AmericaCity of New York Municipal Court · 1938
- Clancy v. John Hancock Mutual Life InsuranceCity of New York Municipal Court · 1935
- Kalahan v. Prudential Insurance Co. of AmericaNew York Supreme Court · 1948
1 more not listed; retrieve them via the Exa API.