Fiedler v. New York Insurance
The Superior Court of New York City
Motion on the part of the plaintiff in each of these causes for judgment upon a verdict in his favor, which, by order of the Judge who tried the causes, was taken subject to the opinion of the court at General Term, and judgment in the mean time suspended. The verdict in the first case was for $13,000, in the second, for $3,000; the amount of each verdict was agreed on by the parties, and made subject to future adjustment.
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Motion on the part of the plaintiff in each of these causes for judgment upon a verdict in his favor, which, by order of the Judge who tried the causes, was taken subject to the opinion of the court at General Term, and judgment in the mean time suspended. The verdict in the first case was for $13,000, in the second, for $3,000; the amount of each verdict was agreed on by the parties, and made subject to future adjustment. By the like agreement, there was but one case, upon which both causes were heard, for although the questions of law were different, the evidence and the facts in both were…
1Opinion of the CourtBy the Court. Hoffman, J.
The chief difficulty of the court has arisen from the state of the record.
The action is brought upon a policy of insurance on a vessel, claiming to recover for a technical total loss. The value of the ship in the policy was $16,000.
The Judge, at the trial, was requested by the plaintiff to charge certain propositions, which he declined in the form presented. The Judge embodied his actual charge in nine propositions. Each party took exceptions. He also requested the jury to answer, in writing, three particular questions, which they did; and they found a general verdict for the plaintiff.
All…
2Cited by1 opinion
- McColl v. Sun Mutual InsuranceThe Superior Court of New York City · 1872