Legal Opinion

Sullivan v. Traders' Insurance Co. of Chicago

New York Court of Appeals

Decided December 20, 1901PublishedCited by 10 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 15, 1899, affirming a judgment in favor of defendant entered upon a dismissal of. the complaint by the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 15, 1899, affirming a judgment in favor of defendant entered upon a dismissal of. the complaint by the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. An award stands upon the same footing ás a judgment with respect to the power of a court of equity to relieve against it, but the manner of obtaining that relief is different. The plaintiff in this action could not review in any direct proceedings the…

1Opinion of the CourtHaight, J.

This action was brought to recover damages, occasioned by fire upon plaintiff’s premises, upon an alleged contract of insurance. The answer, among other defenses, alleged that after the fire the parties entered into an agreement in writing by which they selected appraisers to determine the amount of loss sustained by the plaintiff, and that the appraisers estimated and appraised the sound value of the property and the damages sustained by the fire, and agreed that the damage to the property was the sum of $49.60, and thereupon they made, executed and delivered their appraisal and award in…

2Cases cited3 opinions

  1. Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
  2. Bates v. . RosekransNew York Court of Appeals · 1867
  3. Smith v. SalomonNew York Court of Common Pleas · 1877

3Cited by10 opinions

  1. Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
  2. Brooklyn Heights Railroad v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1912
  3. Davis Confectionery Co. v. Rochester German InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
  4. Babcock v. ClarkAppellate Division of the Supreme Court of the State of New York · 1904
  5. Maher v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1902

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