Peninsular Transportation Co. v. Greater Britain Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Greater Britain Insurance Corporation, Ltd., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of November, 1921, granting plaintiff’s motion to strike out the answer herein, and for judgment pursuant to rule 113 of the Rules of Civil Practice, also from a judgment of the Supreme Court in favor of the plaintiff entered pursuant to said order in said…
Read the full summary
Appeal by the defendant, Greater Britain Insurance Corporation, Ltd., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of November, 1921, granting plaintiff’s motion to strike out the answer herein, and for judgment pursuant to rule 113 of the Rules of Civil Practice, also from a judgment of the Supreme Court in favor of the plaintiff entered pursuant to said order in said clerk’s office on the 29th day of November, 1921, and also from an order entered in said clerk’s office on the 5th day of…
1Opinion of the Court
Laughlin, J.:
The motion to strike out the answer was made on the pleadings, on depositions de bene esse of five members of the crew of the schooner, which were taken pursuant to the order of the court herein, and also on their affidavits, the affidavits of two other members of the crew and on affidavits made by the president of the plaintiff, the president and the vice-president of the brokerage corporation which placed this insurance, and the attorney for the plaintiff. The depositions and affidavits of the members of the crew tend to show that the preceding voyage of the schooner was from…
2Cases cited1 opinion
- Dwan v. MassareneAppellate Division of the Supreme Court of the State of New York · 1922
3Cited by7 opinions
- Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
- Fisher v. Sun Underwriters InsuranceSupreme Court of Rhode Island · 1935
- Berick v. CurranSupreme Court of Rhode Island · 1935
- Brooklyn Clothing Corp. v. Fidelity-Phenix Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1923
- Moir v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1925
2 more not listed; retrieve them via the Exa API.