9 N.Y.S. 346 | N.Y. Sup. Ct. | 1890
In June, 1879, John Roberts became a member of defendant, which issued to him a certificate to the effect that it would pay to said Roberts, his heirs, executors, or administrators, the sum of $5,000 within 69 days after notice and satisfactory proof of his death. Roberts died in January, 1885, leaving one son, Frank Roberts, his only heir. Proof of death was furnished to the defendant; and, in the certificate of the physician who attended him was the statement that John Roberts died from delirium tremens, which, if true, would have avoided the policy. The company refused to pay, and soon after this action was brought. The cause was tried in February, 1889, before Justice Lewis and a jury. The trial resulted in a" verdict for the plaintiff, upon which judgment was entered, and the defendant appeals.
It was a part of the contract that, “ upon due notice and satisfactory proof of the death of a member of the association, the finance committee shall, within sixty days, pay,” etc. There is nothing in the contract of insurance
There is no rule making the records or books of the board of health evidence as to the cause of death in the trial of an action at law, where that question is material. Ho thing but common-law evidence would defeat a recovery, in the absence of a statute or constitutional provision making other evidence competent. There is no law making the records of the board of health of the city of Buffalo evidence upon a trial between parties who do not make the records or books, and have no duty devolving on them on that subject. Ho errors were committed on the trial, and the judgment must be affirmed. All concur.