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Marshall v. Commercial Travelers' Mutual Accident Ass'n of America

68 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1901-01-22 English

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p. 1143
MARSHALL et al. v. COMMERCIAL TRAVELERS’ MUT. ACC. ASS’N OF AMERICA.
(Supreme Court, Appellate Division, Fourth Department.
January 22, 1901.)

Headnote

Action by Benjamin Marshall and another, as executors, etc., against the Commercial Travelers Mutual Accident Association of America.

Judgment ordered for the plaintiff for the sum of $432.15, without costs or interest. Held, that the plaintiff is not entitled to the benefit of the $2,500 provision of the by-laws, because the amputation of the leg was not made within three months after the accident. All concur, except LAUGHLIN, J., dissenting.