Electric Boat Co. v. Howey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William J. Howey, from 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 4th day of September, 1903, granting the plaintiff’s motion to set aside a judgment entered after trial and to allow the plaintiff to serve an amended complaint.
1Opinion of the Court
Ingraham, J.:
This action was commenced to recover upon a policy of fire insurance, the original complaint alleging that the defendant and others, under the name and style of “New York Fire Underwriters,” issued and delivered a certain policy, No. 5,842, in favor of the plaintiff, and that a loss by fire occurred within the terms of the policy, and the complaint demanded judgment for the proportionate amount of said loss. The answer alleges that the policy upon which the cause of action was based contained a provision that “ It is understood and agréed as a part of this contract that the rate…
2Cited by1 opinion
- Electric Boat Co. v. HoweyAppellate Division of the Supreme Court of the State of New York · 1904