Greene v. . Republic Fire Insurance Company
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made April 7, 1880, reversing a judgment in favor of defendant, entered upon a decision of the court on trial without a jury and granting a new trial. This action was brought upon a judgment of the Circuit Court of Warren county in the State of Mississippi.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made April 7, 1880, reversing a judgment in favor of defendant, entered upon a decision of the court on trial without a jury and granting a new trial. This action was brought upon a judgment of the Circuit Court of Warren county in the State of Mississippi. That action as appeared by the record was brought and judgment recovered by William R. Greene and others, composing the firm of William R. Greene & Co., for the use of plaintiff upon a policy of insurance issued to that firm by defendant. ) The…
1Opinion of the CourtMiller, J.
This case involves the question whether the plaintiff was the actual owner of the judgment on which this suit was brought. We are of the opinion that he was such owner, and as the real party in interest, within the provisions of the Code, the action was properly commenced in his name. .The evidence upon the trial clearly established the plaintiff’s ownership. The policy upon which the judgment was obtained originally was issued to William R. Greene & Co., and the action was brought in their name, the declaration stating that they were copartners “who sue herein for the use of Edward A.…
2Cases cited4 opinions
- Welch v. MandevilleSupreme Court of the United States · 1816
- Hooker v. . Eagle Bank of RochesterNew York Court of Appeals · 1864
- Isnard v. CazeauxNew York Court of Chancery · 1828
- Morton ex rel. M'Glaughlin v. MortonSupreme Court of Pennsylvania · 1825
3Cited by7 opinions
- Hamer v. New York Railways Co.Supreme Court of the United States · 1917
- Indian River State Bank v. Hartford Fire InsuranceSupreme Court of Florida · 1903
- German Fire Insurance Co. of Freeport v. Gibbs, Wilson & Co.Court of Appeals of Texas · 1906
- Montgomery v. HartSupreme Court of Alabama · 1932
- Wright v. ChapinNew York Supreme Court · 1893
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