Sweeney v. National Relief Assurance Ass'n

Appellate Terms of the Supreme Court of New York

Sweeney v. National Relief Assurance Ass'n

52 Misc. 144, 101 N.Y.S. 797

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1906

StatusPublished

Cited by3 cases

This text of 52 Misc. 144 (Sweeney v. National Relief Assurance Ass'n) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sweeney v. National Relief Assurance Ass'n, 52 Misc. 144, 101 N.Y.S. 797 (N.Y. Ct. App. 1906).

Pincite

Opinion

Gildersleeve, J.

The action is for three weeks’ indemnity under a policy of accident insurance. The justice found for the plaintiff. Defendant appeals. The policy provides that “no disability shall constitute a claim for accident * * * nor for injury, sickness or disability which results from or is attributable to * * * orchitis.” It is conceded that plaintiff’s disability was due to orchitis. Whether the orchitis resulted originally from an accident or not seems to be of little moment, under the express provision of the contract.

The judgment must be reversed and a new trial granted, with costs to appellant to abide the event,

Fitzgerald and Davis, JJ., concur.

Judgment reversed and. new trial granted, with costs to appellant to abide event.

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Gildersleeve, J.

The action is for three weeks’ indemnity under a policy of accident insurance. The justice found for the plaintiff. Defendant appeals. The policy provides that “no disability shall constitute a claim for accident * * * nor for injury, sickness or disability which results from or is attributable to * * * orchitis.” It is conceded that plaintiff’s disability was due to orchitis. Whether the orchitis resulted originally from an accident or not seems to be of little moment, under the express provision of the contract.

The judgment must be reversed and a new trial granted, with costs to appellant to abide the event,

Fitzgerald and Davis, JJ., concur.

Judgment reversed and. new trial granted, with costs to appellant to abide event.

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Bluebook (online)

52 Misc. 144, 101 N.Y.S. 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweeney-v-national-relief-assurance-assn-nyappterm-1906.

Opinion

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