Bickford v. Travelers' Ins. Co.
Decision Date | 25 May 1895 |
Citation | 32 A. 230,67 Vt. 418 |
Parties | BICKFORD v. TRAVELERS' INS. CO. |
Court | Vermont Supreme Court |
Exceptions from Orleans county court; Tyler, Judge.
Assumpsit by G. D. Biekford against the Travelers' Insurance Company. There was a judgment for plaintiff, and defendant excepts. Affirmed conditionally.
The plaintiff claimed to recover upon a policy of accident insurance. Upon the trial he offered in evidence a paper purporting upon its face to be an accident ticket, the material part of which is as follows: There were attached to the ticket two coupons which extended the same for two days from the date punched out in the margin, which was January 6, 1893, 12 o'clock noon. The defendant objected and excepted to the introduction of this ticket, for the reason that there was no evidence to show its execution, or that it had been issued and delivered to the plaintiff, and for the further reason that no recovery could be bad upon the same under the general counts. The declaration contained the ordinary common counts in assumpsit, and also contained the following special count: The only pleadings filed by the defendant were the general issue. Co. Ct. Rule No. 12, which is referred to in the opinion of the court, reads as follows:
The plaintiff was injured January 7, 1893. Ten weeks from that date he executed and forwarded to the company proofs of claim, which were duly received. Upon the trial the defendant insisted that the plaintiff could not recover for injuries after the date of this proof of claim (which was the...
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