Bellinger v. German Insurance Co.
New York Supreme Court
Actions upon policies of fire insurance.
1Opinion of the CourtBubb, J.
These actions are brought for the “ same cause ” as the previous actions by the plaintiff against the same defendants, within the meaning-of the provisions of the statute. Code Civ. Pro., § 405. The transaction which is at the foundation of both actions is the same, namely, a contract of insurance between the parties and damage to the plaintiff, for which the defendants are liable within the terms of the contract. Titus v. Poole, 145 N. Y. 414, 423; 40 N. E. Rep. 228. The present actions are properly brought under the provisions of the section above referred to. That section provides that…
2Cases cited7 opinions
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Hayden v. . PierceNew York Court of Appeals · 1895
- Titus v. . PooleNew York Court of Appeals · 1895
- Wetyen v. . FickNew York Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brumel v. Hartford Fire InsuranceCity of New York Municipal Court · 1936
- Hoffman v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1914
- McGovern v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
- Shaw v. United States Fidelity & Guaranty Co.Court of Appeals for the Third Circuit · 1938
- Johns v. New Hampshire InsuranceNew York Supreme Court · 1971
2 more not listed; retrieve them via the Exa API.