Fire Department v. Stanton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Fire Department of the City of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of October, 1896, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint Upon the merits.
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Appeal by the plaintiff, The Fire Department of the City of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of October, 1896, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint Upon the merits. The defendant is the general manager of an unincorporated association of underwriters doing business in the city of New York as insurers against loss and' damage by fire, under the name of the American Lloyds. The action is brought under the…
1Opinion of the Court
Barrett, J.:
It may be conceded at the outset that the mischief aimed at in the legislation under consideration was frankly set forth in the preamble to chapter 277 of the Laws of 1824. That preamble reads as follows: “ Whereas, it is represented to the Legislature that associations or companies of individuals resident without this State and not incorporated by its laws, do nevertheless, by means of agents appointed by them in this State, effect many insurances therein against losses by fire, thereby securing to themselves all -the benefits without being subject to d/ny of the burthens of…
2Cases cited2 opinions
- Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888
- New York Board of Fire Underwriters v. Whipple & Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Oneida County Forest Preserve Council v. WehleNew York Court of Appeals · 1955
- Fire Department v. StantonAppellate Division of the Supreme Court of the State of New York · 1899