Legal Opinion

Switzer v. Merchants Mutual Casualty Co.

New York Court of Appeals

Decided April 11, 1957PublishedCited by 11 opinions

1Opinion of the CourtFroessel, J.

This appeal comes to us upon a submission of controversy under sections 546-548 of the Civil Practice Act. The controversy arose out of an accident which occurred on November 24,1950, in which plaintiff’s intestate was struck and killed by a truck operated by one Lester Aldrich.

Four days prior to the accident, the truck had been sold under a conditional sales contract to Aldrich (who was a minor) and his mother by Warren G. Stiker, a dealer in used cars. Aldrich took possession of the truck on that day, viz., November 20,1950, and at all times thereafter retained possession. The dealer gave…

2Cases cited5 opinions

  1. Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
  2. Switzer v. AldrichNew York Court of Appeals · 1954
  3. Reese v. ReamoreNew York Court of Appeals · 1944
  4. Shuba v. GreendonnerNew York Court of Appeals · 1936
  5. Abrams v. Maryland Casualty Co.New York Court of Appeals · 1949

3Cited by11 opinions

  1. Allstate Insurance Co. v. Hartford Accident & Indemnity Co.Missouri Court of Appeals · 1958
  2. Fulater v. Palmer's Granite Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  3. Cotton v. Auto-Owners Insurance Co.Indiana Court of Appeals · 2010
  4. Hartford Insurance Group v. RubinshteynNew York Court of Appeals · 1985
  5. Glens Falls Insurance v. IrionDistrict Court, D. Montana · 1970

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