Legal Opinion
Mettler v. Phoenix Assur. Co.
District Court, E.D. New York
Decided September 23, 1952No. Civ. No. 12591Published
1Opinion of the Court
GALSTON, District Judge.
This is a motion by the plaintiff for an order striking the answer of the defendant upon the ground that it is sham and frivolous, and for an order directing summary judgment in plaintiff’s favor.
The complaint alleges that the plaintiff, as owner of a vessel named the Reinecke, in consideration of a premium paid to the defendant, received a policy of insurance from the defendant in the sum of $15,000 on the Reinecke, “against the perils of the sea and other perils in said policy mentioned”. It also alleges that while the vessel was moored in New York Harbor, and while…
2Cases cited4 opinions
- Engl v. ætna Life Ins. Co.Court of Appeals for the Second Circuit · 1943
- Miller v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1948
- Chicago, Rock Island & Pacific R. Co. v. Consumers Cooperative Association. Consumers Cooperative Association v. Chicago, Rock Island & Pacific R. Co.Court of Appeals for the Tenth Circuit · 1950
- Miller v. National City Bank of New YorkDistrict Court, S.D. New York · 1946