Legal Opinion

Devitt v. Continental Casualty Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 27, 1935PublishedCited by 7 opinions

1Opinion of the CourtRhodes, J.

The plaintiff, under section 109 of the Insurance Law, seeks to recover upon an automobile liability insurance policy issued by the defendant.

Plaintiff was injured on August 20, 1931, by being struck by an automobile owned by one Joseph H. Bennett. He recovered a judgment therefor against said owner, upon which an execution has been returned unsatisfied, and the judgment remains unpaid.

At the time of the accident, said Bennett, accompanied by his son, Bertram, was on a joint business and pleasure trip, and feeling ill, asked bis son, who was about fourteen years and six months of age, to…

2Cases cited7 opinions

  1. Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
  2. United States Fidelity & Guaranty Co. v. GuentherSupreme Court of the United States · 1930
  3. Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
  4. Brustein v. New Amsterdam Casualty Co.New York Court of Appeals · 1931
  5. Bakker v. Aetna Life Ins. Co.New York Court of Appeals · 1934

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. White v. SmithDistrict Court, D. New Jersey · 1975
  2. Peterson v. Grieger, Inc.California Supreme Court · 1961
  3. Bennett v. GebleinAppellate Division of the Supreme Court of the State of New York · 1979
  4. Shadow v. Standard Accident InsuranceIndiana Court of Appeals · 1942
  5. Rice v. SpencerNew York Supreme Court · 1963

2 more not listed; retrieve them via the Exa API.

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