Legal Opinion

Insurance Co. of North America v. Whitlock

Appellate Division of the Supreme Court of the State of New York

Decided March 19, 1926PublishedCited by 13 opinions

1Opinion of the CourtFinch, J.

The complaint alleges that the defendants were employed as general agents by the plaintiff, a foreign insurance company, to direct its business in this State, and that in the course of such employment the defendants misappropriated moneys of the plaintiff, which fact the plaintiff did not discover until after the termination of the agency. The relief demanded is an accounting.

The answer, in addition to denials, sets up as a separate defense the plea of a general release from the plaintiff. In reply the plaintiff alleges that the release was given without knowledge of the fraud of the…

2Cases cited7 opinions

  1. Marvin v. . BrooksNew York Court of Appeals · 1883
  2. Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
  3. Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
  4. Plews v. BurrageCourt of Appeals for the First Circuit · 1921
  5. Jordan v. UnderhillAppellate Division of the Supreme Court of the State of New York · 1904

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Irving Trust Co. v. DeutschCourt of Appeals for the Second Circuit · 1934
  2. Dusing v. NuzzoNew York Supreme Court · 1941
  3. Cutler v. Hartford Life InsuranceNew York Court of Appeals · 1968
  4. Rockwood Computer Corp. v. MorrisDistrict Court, E.D. New York · 1982
  5. Federal Insurance v. Distinguished Properties Umbrella Managers Inc.District Court, S.D. New York · 2010

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API