Legal Opinion

Troy Automobile Exchange v. . Home Ins. Co.

New York Court of Appeals

Decided May 22, 1917PublishedCited by 2 opinions

Appeal from a judgment of the Appellate Division, of the Supreme Court in the third judicial department, entered November 12, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.. The complaint sets up no cause of action. This question was properly raised in the trial court. (Wormser v. Gen. Ac. Assur. Corp., 94 App.

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Appeal from a judgment of the Appellate Division, of the Supreme Court in the third judicial department, entered November 12, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.. The complaint sets up no cause of action. This question was properly raised in the trial court. (Wormser v. Gen. Ac. Assur. Corp., 94 App. Div. 213; Gerding v. Haskin, 141 N. Y. 514; Pagnillo v. Mack P. & C. Co., 142 App. Div. 491; Weeks v. O’Brien, 141 N. Y. 199; Wood & Sellick v. Ball, 190 N. Y. 217; Sanders…

1Opinion of the CourtPound, J.

The action was brought to recover upon a policy of insurance on the ground that the plaintiff’s automobile was stolen, and while being illegally used by the person taking it was destroyed. The complaint alleges, among other things, that on the 18th day of August, 1913, for a good and valuable consideration paid, the defendant made and delivered to the plaintiff its policy of insurance and also its certificate annexed to the policy, “wherein and whereby the said defendant did insure this plaintiff to the amount of $1,000 from the 30th day of September, 1913, to the 30th day of October, 1913,”…

2Cases cited4 opinions

  1. Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
  2. Weeks v. . O'BrienNew York Court of Appeals · 1894
  3. Schoepflin v. . CoffeyNew York Court of Appeals · 1900
  4. Haines v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895

3Cited by2 opinions

  1. Jay's Stores, Inc. v. Ann Lewis Shops, Inc.New York Court of Appeals · 1965
  2. Troy Automobile Exchange v. Home InsuranceNew York Supreme Court · 1918

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