Brewster v. Empire State Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Benjamin 0. Brewster and another, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Rensselaer on the 28th day of February, 1911, granting the defendant’s motion for judgment on the: pleadings, and also from a judgment entered upon said order in the office of the clerk of the county of Rensselaer on the 2d day of March, 1911.
1Opinion of the Court
Kellogg, J.:
The facts are. very similar to Saratoga Trap Rock Co. v. Standard Accident Ins. Co. (143 App. Div. 852). In that case we held, by a divided court, that where the judgment against the assured was for just $5,000, and under the terms of a policy the insurance company appealed, the insurer was not lia-, ble for interest -upon the judgment during the pendency of the appeal. That case settles the question of interest adversely to the appellants;
*679The plaintiffs in this action have been compelled to pay the taxable costs of the action and of the defendant’s unsuccessful appeal and also…
2Cases cited1 opinion
- Saratoga Trap Rock Co. v. Standard Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by8 opinions
- Matter of Empire State Surety Co.New York Court of Appeals · 1915
- Alcoa Steamship Company, Inc., Cross v. Charles Ferran & Co., Inc. And Glens Falls Insurance Company,defendant-Appellants CrossCourt of Appeals for the Fifth Circuit · 1971
- Coast Lumber Co. v. Aetna Life Insurance Co.Idaho Supreme Court · 1912
- Goerss v. the Indemnity Co. of AmericaMissouri Court of Appeals · 1928
- Century Realty Co. v. Frankfort Marine Accident & Plate Glass InsuranceMissouri Court of Appeals · 1913
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