Thomas C. Harrington v. Mutual Benefit

This is an action of contract to recover upon a health and accident policy for illness and disability occurring about September 15, 1932, and resulting from duodenal ulcers. Verdict and judgment were for the plaintiff and the case comes here upon exceptions saved by the defendant. The only exception briefed is to the denial of defendant's motion for a directed verdict. On November 12, 1932, the defendant paid the plaintiff $116.66 for his disability to October 20, 1932. On January 11, 1933, the defendant gave the plaintiff a draft for $200.00, which he accepted, indorsed and cashed. As originally written it contained on its face, after the amount and above the signature, these words: ""In full payment, satisfaction, discharge, com- promise and release of any and all claims of liability, which payee, his heirs or beneficiary now claim or might hereafter claim under Policy No. 68 V-7869 for or on account of injury or illness sustained by payee on or about September 15, 1932, and for any past, present or future loss or disability resulting from injury or illness sustained prior to this date."" Before the plaintiff would accept it the words ""From Oct. 20th to Dec. 20th, 1932,"" were added by the defendant at the insistence of the plaintiff.