Creem v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the -28th day of December, 1909, upon the verdict of a jury rendered by direction of the court, and also from an. order entered in said clerk’s office on the 3d day of January, 1910, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the -28th day of December, 1909, upon the verdict of a jury rendered by direction of the court, and also from an. order entered in said clerk’s office on the 3d day of January, 1910, denying the defendant’s motion for a new trial made upon the minutes. Also an appeal by the plaintiffs, Daniel J. Creem and another, from certain parts of the said judgment, and' also from an order entered in said…
1Opinion of the Court
Miller, J.:
This is the second appeal in this case from a judgment in favor of the plaintiffs. After our decision on the former appeal (132 App. Div. 241) the complaint was amended, and the record now' presents the plaintiffs’ claim of waiver, estoppel and breach of contract. At the close of the evidence on the trial under review the defendant moved to dismiss the complaint., The plaintiffs asked the court to submit certain specific questions to the jury and to reserve the direction of a general verdict until the finding of the special verdict. The court submitted a single question,…
2Cases cited15 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
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3Cited by13 opinions
- O'Dowd v. American Surety Co.New York Court of Appeals · 1957
- United States Fidelity & Guaranty Co. v. Virginia Engineering Co., IncCourt of Appeals for the Fourth Circuit · 1954
- Saratoga Trap Rock Co. v. Standard Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1911
- Brassil v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Century Realty Co. v. Frankfort Marine Accident & Plate Glass InsuranceMissouri Court of Appeals · 1913
8 more not listed; retrieve them via the Exa API.