Hicks v. British America Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the British America Assurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of .Monroe on. the 3d day of January, 1896, upon the verdict of a jury rendered after a trial at the Monroe Circuit; also from an order entered in said clerk’s office on the 24th day of December, 1895, denying the defendant’s action for a new trial made upon the minutes; and also from an order entered…
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Appeal by the defendant, the British America Assurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of .Monroe on. the 3d day of January, 1896, upon the verdict of a jury rendered after a trial at the Monroe Circuit; also from an order entered in said clerk’s office on the 24th day of December, 1895, denying the defendant’s action for a new trial made upon the minutes; and also from an order entered in said clerk’s office on-the 11th day of September, 1896, denying. the defendant’s motion for a new trial on the…
1Opinion of the Court
Follett, J.:
This action was begun May 9, 1894, to recover on a contract of insurance, or to recover on a contract to insure. It is difficult to *445determine from the complaint which cause of action its draughtsman had in mind and intended to set forth.
The complaint in form contains but a single count or cause of action, but contains allegations applicable to both causes of action, and the defendant not having moved that the causes of action be' separately stated, we must treat the complaint as sufficiently setting forth two causes of action, one on a contract of insurance and one on a contract…
2Cases cited8 opinions
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chenier v. Insurance Co. of North AmericaWashington Supreme Court · 1913
- Corklite Co. v. Rell Realty Corp.New York Court of Appeals · 1928
- Altermatt v. Rocky Mountain Fire InsuranceMontana Supreme Court · 1929
- State National Bank v. WeedAppellate Division of the Supreme Court of the State of New York · 1899
- Squier v. Hanover Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
2 more not listed; retrieve them via the Exa API.