Continental Insurance v. Ætna Insurance Co. of Hartford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1891, which overruled plaintiff’s Exceptions and directed judgment for defendant upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtO’Brien, J.
The plaintiff sought to recover upon an open policy or contract of re-insurance made by defendant and two other compames in which they assumed certain obligations that are now in dispute, and hound themselves “ severally and not jointly, nor the one for the other, to the assured.”
The plaintiff had issued in each case an open policy of insurance to Twombly & Co., The X. Y. Lighterage & Transportation Company and John H. Starin, on account of whom it may concern, bearing date respectively September 1, 1881, *18February 1, 1883, and December 6, 1882, “ Loss, if any, payable tc assured upon all…
2Cases cited3 opinions
- Sun Mutual Insurance v. Ocean InsuranceSupreme Court of the United States · 1883
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Arnold v. . the Pacific Mutual Ins. Co.New York Court of Appeals · 1879
3Cited by8 opinions
- Bennett v. . DraperNew York Court of Appeals · 1893
- Farmers' Feed Co. of New Jersey v. Scottish Union & National InsuranceNew York Court of Appeals · 1903
- Home Insurance Co. v. . Continental Ins. Co.New York Court of Appeals · 1905
- Boston Insurance v. Globe Fire InsuranceMassachusetts Supreme Judicial Court · 1899
- Karine Gevorkyan v. Ira JudelsonNew York Court of Appeals · 2017
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