Fidelity & Casualty Co. of New York v. Stacey's Ex'rs

PRITCHARD, Circuit Judge.

This is an action at law based on what is known as an accident insurance policy, and was brought by the defendants in error against the Fidelity & Casualty Company of New York, to recover $5,000 on an accident policy which the plaintiff in error had issued to Frederick G. Stacey, the testator of the defendants in error.

The complaint alleges that, on the 23d day of February, 1903, the plaintiff in error issued to Frederick G. Stacey, the testator of the defendants in error, its policy of insurance, and thereby insured the said Stacey “against disability or death…