Legal Opinion

Underwood v. Greenwich Insurance

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

Decided December 15, 1901Published

Appeal by the defendant, the Greenwich Insurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 16th day of May, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s, office on the 22d day of May, 1901, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, the Greenwich Insurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 16th day of May, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s, office on the 22d day of May, 1901, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover a sum "of money under an alleged contract of insurance. The following is a copy of the contract sued upon: “BeecHér & Benedict, “ New…

1Opinion of the Court

McLaughlin, J,:

This action has been tried five, times. On the first trial a verdict was directed for the plaintiff for the amount claimed,, which, oh appeal, was reversed and a. new trial ordered ( Van Tassel v,, Greenwich Ins. Co., 72; Hun, 141);. on the second trial tlie' complaint was dismissed and the judgment thereafter. entered was affirmed (83 Hun, 612), but on appeal to the Court of Appeals it was reversed (151 N. Y. 130); on'the third - trial a verdict was directed for the plaintiff and the judgment thereafter entered was affirmed (28 App. Div. 163), which, on appeal to tlie Court:…

2Cases cited4 opinions

  1. Underwood v. . Greenwich Ins. Co.New York Court of Appeals · 1900
  2. Van Tassel v. . Greenwich Ins. Co.New York Court of Appeals · 1896
  3. Van Tassel v. Greenwich InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
  4. Underwood v. Greenwich InsuranceAppellate Division of the Supreme Court of the State of New York · 1900

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