Robbins v. Springfield Fire & Marine Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 20, 1894, which denied defendant’s motion for a new trial and directed judgment in favor of plaintiff upon a verdict directed by the court, the exceptions having been ordered to be heard in the first instance at General Term.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 20, 1894, which denied defendant’s motion for a new trial and directed judgment in favor of plaintiff upon a verdict directed by the court, the exceptions having been ordered to be heard in the first instance at General Term. This action was brought upon a policy of insurance issued by the defendant to the plaintiff, dated January 28, 1892. It was issued by Harry H. Falkner, who was the defendant’s agent at Le Roy, 1ST. Y., and authorized to solicit insurance, issue…
1Opinion of the CourtMartin, J.
On this appeal two questions are presented for determination. One relates to the regularity of the procedure adopted on the trial. The other involves the correctness of the decision of the trial court upon the merits of the controversy. If the appellant’s contention that the procedure adopted was erroneous and requires a new trial is sustained, it will render a decision as to the merits unnecessary. Therefore,' the first question to be examined is as to the regularity of the procedure complained of.
On. the trial the court directed a verdict for the plaintiff. This was after a denial of the…
2Cases cited9 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
- Short v. . Home Insurance CompanyNew York Court of Appeals · 1882
- Whited v. . Germania Fire Ins. Co.New York Court of Appeals · 1879
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3Cited by40 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- McElroy v. British America Assur. Co. of TorontoCourt of Appeals for the Ninth Circuit · 1899
- Liverpool, London & Globe Insurance v. T. M. Richardson Lumber Co.Supreme Court of Oklahoma · 1902
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