O'Connor Transportation Co. v. Glens Falls Insurance
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Glens Falls Insurance Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance after the direction of a verdict in plaintiff’s favor by the court at the close of the case upon a trial before the court and a jury at the Erie Trial Term in February, 1921.
1Opinion of the Court
Hubbs, J.:
This action was brought to recover on a fire insurance policy, New York standard form, issued by the defendant to the plaintiff on the boat Frank O’Connor. The defense was that the plaintiff had breached a warranty contained in the policy. The plaintiff pleaded that as to one part of the warranty there had been full performance by the plaintiff and as to the other part there had been a waiver by the defendant. The court directed a verdict in favor of the plaintiff and ordered that the exceptions be heard in this court in the first instance.
The policy was issued by the defendant’s…
2Cases cited3 opinions
- Sanders v. . CooperNew York Court of Appeals · 1889
- Skinner v. . NormanNew York Court of Appeals · 1901
- Ryan v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by8 opinions
- Commercial Union Insurance Company, Plaintiff-Appellant-Cross-Appellee v. Flagship Marine Services, Inc., D/B/A Sea Tow Services of Lee County and Sea Tow of Lee County, Defendants-Appellees-Cross-Appellants, Brisotti & Silkworth, Inc., Third-Party Commercial Union Insurance Company v. Flagship Marine Services, Inc., D/B/A Sea Tow Services of Lee County, Gary MacLeanCourt of Appeals for the Second Circuit · 1999
- O'Connor Transportation Co. v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1922
- Rifkin v. Stuyvesant InsuranceAppellate Division of the Supreme Court of the State of New York · 1934
- Reliance National Insurance Co. (Europe) Ltd. v. HanoverDistrict Court, D. Massachusetts · 2003
- Colin v. Hamilton Fire InsuranceNew York Court of Appeals · 1929
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