Legal Opinion

Delafield v. London & Lancashire Fire Insurance

Appellate Division of the Supreme Court of the State of New York

Decided April 5, 1917PublishedCited by 11 opinions

Appeal by the plaintiff, Eugene L. Delafield, from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 2d day of February, 1916, overruling plaintiff’s demurrer to the separate defenses contained in the answer.

1Opinion of the Court

Davis, J.:

On September 12, 1914, the plaintiff owned a Lozier motor car. On that day he gave it into the possession of the R. W. Lewis Corporation for the purpose of having it sold, and took back a receipt in form as follows:

“R. W. Lewis, Pres. Julius Loeb, Sec’y & Treas.
“Telephone 8986 Columbus.
“R. W. Lewis, Inc.
“Specialists in New and Used Motor Cars
“239-241 West 56th Street
“Just West of Broadway
“New York.
“ This is to acknowledge receipt of your Lozier touring with the following equipment regular 2 extra shoes.
“It is agreed and understood that R. W. Lewis, Inc., is to sell said car and pay…

2Cited by11 opinions

  1. Illinois Automobile Ins. Exch. v. Southern Motor Sales Co.Supreme Court of Alabama · 1922
  2. Hill v. North River InsuranceSupreme Court of Kansas · 1922
  3. Aetna Casualty & Surety Co. v. SalyersCourt of Appeals of Kentucky (pre-1976) · 1943
  4. Fiske v. Niagara Fire InsuranceCalifornia Supreme Court · 1929
  5. Great American Mutual Indemnity Co. v. MeyerOhio Court of Appeals · 1924

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