Hicks v. . Grimley
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 16, 1912, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 16, 1912, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought to recover the amount of certain assessments, and penalties incurred for failure to pay assessments, upon a policy of insurance issued to defendant by the American Underwriters’ Fire Insurance Company of Monroe county, a mutual company, of which the plaintiff is permanent receiver. The defendant defended the action upon the…
1Dissent
Cuddeback, J. (dissenting).
This action was brought to recover the amount of an assessment imposed on the defendant as the holder of a policy in a mutual insurance company.
The main defense is that the policy of insurance issued to the defendant was not accepted by- him and never became a binding contract. At the trial the court directed a verdict against the defendant over plaintiff’s request to go to the jury upon questions of fact. The Appellate Division has unanimously affirmed the judgment. = The question in this court, therefore, is whether there was any evidence to sustain the defense…
2Cases cited15 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Hammond v. . PennockNew York Court of Appeals · 1874
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Haviland v. . WilletsNew York Court of Appeals · 1894
- Angell v. . Hartford Fire Ins. Co.New York Court of Appeals · 1874
10 more not listed; retrieve them via the Exa API.