Messersmith v. . American Fidelity Co.
New York Court of Appeals
Appeal from a judgment, entered March 17, 1919, upon an order of the Appellate Division of the- Supreme Court in the fourth judicial department, which reversed an order of Special Term denying a motion by plaintiff for judgment on the pleadings and granted said motion. It was an implied condition of the policy that the automobile should be operated only by persons legally competent to operate it.
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Appeal from a judgment, entered March 17, 1919, upon an order of the Appellate Division of the- Supreme Court in the fourth judicial department, which reversed an order of Special Term denying a motion by plaintiff for judgment on the pleadings and granted said motion. It was an implied condition of the policy that the automobile should be operated only by persons legally competent to operate it. (Shipman v. Protected Home Circle, 174 N. Y. 398; Grand Legion v. Beaty, 8 L. R. [N. S.] 1124.) A contract which would permit the indemnification of a party for the consequence of committing a crime…
1Opinion of the CourtCardozo, J.
Plaintiff sues upon defendant’s policy of insurance indemnifying him against liability for injuries accidentally suffered by any one through the maintenance or use of his automobile. The defense is that in violation of the .Highway Law (Cons. Laws, ch. 25, sec. 282, subd. 2), the automobile was driven by an infant under the age of eighteen who was not accompanied either by the owner or by a duly licensed chauffeur; that this was done with the plaintiff’s knowledge and under his directions; and “ that the accident was directly caused by the improper and negligent conduct of the said infant,”…
2Cases cited10 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
- American Casualty Insurance Company's CaseCourt of Appeals of Maryland · 1896
- Demarest v. . FlackNew York Court of Appeals · 1891
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3Cited by188 opinions
- City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
- Mingachos v. CBS, Inc.Supreme Court of Connecticut · 1985
- Northwestern National Casualty Company of Milwaukee, Wisconsin v. Edward A. McNulty and Walter Scott SmithCourt of Appeals for the Fifth Circuit · 1962
- Allstate Insurance v. MugaveroNew York Court of Appeals · 1992
- Public Service Mutual Insurance v. GoldfarbNew York Court of Appeals · 1981
183 more not listed; retrieve them via the Exa API.