Pepper v. Order of United Commercial Travelers of America
| Decision Date | 14 October 1902 |
| Citation | 113 Ky. 918,69 S.W. 956 |
| Parties | PEPPER v. ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA. |
| Court | United States State Supreme Court — District of Kentucky |
Appeal from circuit court, Mason county.
"To be officially reported."
Action by William E. Pepper against the Order of United Commercial Travelers of America. Judgment for defendant, and plaintiff appeals. Affirmed.
A. E Cole & Son, E.L. Worthington, and Thos. R. Phister, for appellant.
Edward W. Hine, Sater & Sater, and A.M.J. Cochran, for appellee.
The appellant pleads in his-petition, to which a demurrer was sustained, that he was a member of appellee organization, and had paid all fees, dues, and assessments due by him, and was entitled to all the rights and benefits of a member, and that by the constitution and laws of the order it is provided "that, if any such member who has paid all fees, dues and assessments, shall sustain, during the continuance of his-membership, and while in good standing, bodily injury effected through external, violent, and accidental means which shall, independently of all other causes, immediately, wholly, and continuously disable and prevent him from the prosecution of any and every kind of business pertaining to his occupation, he shall * * * be indemnified," etc. The petition then alleges that appellant was injured on May 9, 1898, while a member of the order in good standing, and, "while he was not immediately prevented from the prosecution of every part of his business, yet he was so prevented from the prosecution of any and every part of his business, which was that of a commercial traveler, and was so disabled and prevented for the period of sixteen weeks from June 20, 1898, to October 10, 1898; and by reason of said injury he was entitled to receive from defendant * * * four hundred dollars in all." To this petition a demurrer was sustained, and, upon failure to plead further, the same was dismissed, and hence this appeal.
The theory upon which the demurrer was sustained was that it is shown by the petition that the disability did not, in point of time, immediately follow the accident; that there was an interval of from May 9th to June 20th, in which there was no total disability. It is insisted by appellant that it is not required by the constitution and by-laws of the order, nor is it so pleaded in the petition, that the disability shall, in point of time, immediately follow the injury, but that the word "imme...
To continue reading
Request your trial
-
Kennard v. Travelers' Protective Ass'n Of Am.
...around and continued to run his engine until February 23, when he had to quit. No recovery was allowed. In Pepper v. Order of United Commercial Travelers, 113 Ky. 918, 69 S. W. 956, the policy covered accidents which "immediately, wholly, and continuously disable him [the plaintiff]." He wa......
-
Hefner v. Fidelity & Casualty Co. of New York
...Laventhal v. Fidelity, etc., 9 Cal. App. 275, 98 Pac. 1075; Continental Casualty Co. v. Ogburn (Ala.) 57 South. 852; Pepper v. Order, etc., 113 Ky. 918, 69 S. W. 956; Merrill v. Ins. Co., 91 Wis. 329, 64 N. W. Adverting now to the matter of the notice of the accident given to the company, i......
-
Continental Cas. Co. v. Ogburn
... ... order to entitle the beneficiary to the death claim as ... 698, ... 17 S.E. 982; Vess v. United Society, 120 Ga. 411, 47 ... S.E. 942; Pepper v. Order of America, 113 Ky. 918, ... 69 S.W. 956; Merrill v ... ...
-
Herwig v. Business Men's Acc. Ass'n of America
...Hagadorn v. Masonic Eq. Ace. Ass'n of the world, 59 App. Div. 321, 69 N. Y. Supp. 831; Pepper v. Order of United Commercial Travelers of America, 113 Ky. 918, 69 S. W. 956, 24 Ky. Law Rep. 723; Vess v. United Benevolent Society, 120 Ga. 411, 47 S. E. The respondent complains of the action o......