Cornell v. . Travelers' Ins. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 6, 1901, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 6, 1901, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. ■The respondent has wholly failed to bring his loss within the terms of the policy, or within any reasonable interpretation of the policy. (W., etc., R. Co. v. T. Ins. Co., 180 Mass. 263; P. I. Co. v. E. A. Ins. Co., 161 Mass. 122; Horse Car…
1DissentCullen, J.
I vote for an affirmance of the order of the Appellate Division which granted a new trial. I assume that the first stipulation of the contract by which the defendant agreed to indemnify the plaintiff against liability for accidents specified in the policy, standing alone would not obligate it to indemnify the plaintiff for the expenses of resisting suits in which the plaintiff was not legally liable. But in addition to the agreement for indemnity against liability the policy contained this further covenant on the part of the defendant: “ This company shall have sole right, and it shall be its…
2Cases cited12 opinions
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Konitzky v. . MeyerNew York Court of Appeals · 1872
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