Ampersand Hotel Co. v. . Home Ins. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 23, 1909, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial. Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 23, 1909, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial. Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was not error for the court below to entertain the plaintiff’s motion made at the trial to strike out the defense of conspiracy. (Rankin v. Bush-Brown, 108 App. Div. 294; Rankin v. Bush, 108 App. Div. 295; Fox v. Vizethann, 117 App. Div. 127.)…
1Opinion of the CourtGray, J.
The plaintiff-brought this action to recover the amount of a policy of insurance issued by the defendant, the Home Insurance Company, upon its hotel buildings and contents, which were destroyed by fire. Among other defenses interposed by the answer of the insurer was this, in brief: That the principal stockholder of the plaintiff, who was also its treasurer and a director and who had the management of its affairs, at a time shortly prior to the occurrence of the fire, had entered into a fraudulent conspiracy with one Van de Wall and others, “wherein it was planned that said Yan de Wall should…
2Cited by16 opinions
- Sebring v. Fidelity-Phenix Fire InsuranceNew York Court of Appeals · 1931
- In re New York Life Ins. & Trust Co.New York Surrogate's Court · 1913
- Sebring v. Firemen's Insurance Co. of NewarkAppellate Division of the Supreme Court of the State of New York · 1929
- Graley v. American Eagle Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
- First Federal Savings & Loan Ass'n v. NicholsAppellate Division of the Supreme Court of the State of New York · 1970
11 more not listed; retrieve them via the Exa API.