Bidwell v. . the Astor Mutual Insurance Company
New York Court of Appeals
Appeal from the Superior Court of Buffalo. The plaintiffs in their complaint demanded judgment that a policy of insurance upon the steamer Garden City, issued by the defendant, should be reformed so as to conform to the agreement made between the parties for the insurance of such vessel, and that the defendant should pay $7000, the amount insured, the vessel having been wrecked in Lake Huron.
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Appeal from the Superior Court of Buffalo. The plaintiffs in their complaint demanded judgment that a policy of insurance upon the steamer Garden City, issued by the defendant, should be reformed so as to conform to the agreement made between the parties for the insurance of such vessel, and that the defendant should pay $7000, the amount insured, the vessel having been wrecked in Lake Huron. The action was tried at a special term, by Mr. Justice Houghton, who found the following facts: Bidwell, Banta & Co. (the plaintiffs and one Vincent Bidwell.jwere builders of the Garden City, and there…
1Opinion of the CourtJohnson, J.
The first question presented by the appellants is whether Vincent Bidwell should have been sworn for the plaintiffs. It depends upon the construction of section three hundred and ninety-nine of the Code of Procedure. He was an assignor of a thing in action or contract within the meaning of that section, and was offered as a witness and examined on behalf of persons deriving title through or from him, but he was not examined against an assignee or an executor or administrator. It is only in case the party against whom such a witness is to be examined is either assignee, executor or…
2Cases cited2 opinions
- Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
- Phœnix Fire Insurance v. GurneeNew York Court of Chancery · 1828
3Cited by32 opinions
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
- L. Lewitt & Co. v. Jewelers' Safety Fund SocietyNew York Court of Appeals · 1928
- Keith v. HenklemanIllinois Supreme Court · 1898
- Broidy v. State Mut. Life Assur. Co. Of Worcester, Mass.Court of Appeals for the Second Circuit · 1951
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