Solomon v. Continental Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by George Solomon, as assignee for the benefit of creditors of Henry Tkoesen, against the Continental Fire Insurance Company of Hew York City. From a judgment on the report of a referee, defendant appeals. Affirmed.
1Dissent
BARRETT, J. (dissenting).
I am unable to concur in the opinion of Mr. Justice McLAUG-HLIN. This certainly is a hard case, and. I should be glad to find some fact or principle which would enable me to concur in an affirmance of the judgment. But a bargain is a *925bargain; and, where parties have made their own conditions, they should be held to them. Even where the conditions seem to be harsh or useless, they must, w'hen made by sane parties of full age, be enforced. Ætna Ins. Co. v. People’s Bank of Greenville, 10 C. C. A. 342, 62 Fed. 222.
The condition in question reads as follows: “If a fire…
2Cases cited2 opinions
- Weed v. Hamburg—Bremen Fire InsuranceNew York Court of Appeals · 1892
- Aetna Ins. Co. v. People's Bank of GreenvilleCourt of Appeals for the Fourth Circuit · 1894