Ketchum v. Belding
Appellate Division of the Supreme Court of the State of New York
Appeal from appellate term. Action by Leonard O. Ketchum against Milo M. Belding, Jr. From a judgment of the appellate term of the supreme court (66 N. Y. Supp. 307) reversing a judgment of the general term of the city court (64 N. Y. Supp. 550) of the city of ¡New York affirming a judgment for plaintiff, and also reversing an order of the general term affirming an order denying a motion by defendant for a new trial, and granting a new trial, plaintiff appeals.
1Opinion of the CourtPatterson, J.
This action was brought to recover from the defendant a proportionate part of a loss for which it is claimed he became liable as an individual underwriter under a policy of insurance issued in the form commonly known as a “Lloyd’s policy.” Among the conditions contained in the policy, is the following:
“In the event of litigation upon this policy, no action, suit, or other proceeding, either'at law or in equity, shall in any event be begun or maintained by the assured for the recovery of any claim upon, under, or by virtue of this policy, or to enforce the provisions of this policy against the…
2Cases cited1 opinion
- Leiter v. BeecherAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Henderson v. DanielsMontana Supreme Court · 1922
- Floyd v. PughSupreme Court of Alabama · 1917
- Brooklyn Radio Service Corp. v. CommissionerUnited States Board of Tax Appeals · 1934
- Meres v. EmmonsAppellate Division of the Supreme Court of the State of New York · 1905