Peck v. Equitable Acc. Ass'n
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Marcia E. Peek against the Equitable Accident Association of Binghamton, ¡N. Y. The action was upon a certificate of membership issued to one Ira Peck by the defendant, which was in the nature of a policy of insurance against accident.
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Appeal from circuit court, Onondaga county. Action by Marcia E. Peek against the Equitable Accident Association of Binghamton, ¡N. Y. The action was upon a certificate of membership issued to one Ira Peck by the defendant, which was in the nature of a policy of insurance against accident. It, among other things, provided that the defendant would pay, at its office in Binghamton, ¡N. Y., to the plaintiff, the principal sum, not exceeding $5,000, realized upon an assessment in accordance with the provision of its by-laws, within 60 days after due and satisfactory proof should be filed ■with its…
1Opinion of the CourtMartin, J.
The questions chiefly litigated on the trial, and the only questions presented for our consideration on the argument of this appeal, were: {1) Whether the decedent’s injury was the proximate and sole cause of his death. (2) Whether the fact that the decedent’s death or injury was caused by external violence and accidental means was established by direct and positive proof, within the intent and meaning of the policy. (3) Whether the •decedent made false statements as to his age. (4) Whether this action could be maintained in its present form. We are of the opinion that the evidence was…
2Cases cited5 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- National Benefit Ass'n v. GraumanIndiana Supreme Court · 1886
- McCarthy v. Travelers' Ins. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1878
- O'Brien v. Home Benefit SocietyNew York Supreme Court · 1889
3Cited by10 opinions
- Continental Casualty Co. v. LloydIndiana Supreme Court · 1905
- Cronkhite v. Travelers InsuranceWisconsin Supreme Court · 1889
- Stevens v. Continental Casualty Co.North Dakota Supreme Court · 1903
- Williams v. United States Mutual Accident Ass'nNew York Supreme Court · 1891
- Martin v. Manufacturers' Accident Indemnity Co.New York Supreme Court · 1891
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