People v. Mercantile Credit Guarantee Co.
Appellate Division of the Supreme Court of the State of New York
• Appeal by the claimants, The Winsted Hosiery Company and The Daniel Forbes Company, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of September, 1900, as confirms the report of the referee appointed in the proceeding, overrules the exceptions filed thereto by said claimants, and allows the claim of the Winsted Hosiery Company at $830.85 and no more, and wholly…
Read the full summary
• Appeal by the claimants, The Winsted Hosiery Company and The Daniel Forbes Company, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of September, 1900, as confirms the report of the referee appointed in the proceeding, overrules the exceptions filed thereto by said claimants, and allows the claim of the Winsted Hosiery Company at $830.85 and no more, and wholly disallows the claim of the Daniel Forbes Company.
1Dissent
Hatch, J. (dissenting):
The opinion of Mr. Justice O’Brien is in accord with my views of this case except so far as it relates to the claim of. the Forbes Company against the Crescent Leather Mills Supply Company. It seems to me that the whole purport and intent of the contract issued by the defendant was to insure the Forbes Company for any loss which it might sustain by reason of merchandise- sold, or for which it became responsible,' during the life of the policy and which should be proved by filing proofs of loss at any time within sixty days after the expiration of the policy. The…
2Cases cited4 opinions
- Knapp v. . McGowanNew York Court of Appeals · 1884
- Brown v. . GuthrieNew York Court of Appeals · 1888
- Sloman v. Mercantile Credit Guarantee Co.Michigan Supreme Court · 1897
- Goodman v. Mercantile Credit Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1897