Legal Opinion

Monahan v. Metropolitan Surety Co.

Appellate Terms of the Supreme Court of New York

Decided January 26, 1909Published

Appeal from Municipal Court, Borough of Manhattan, Ninth District. Five actions by Thomas Monahan and others, copartners as the Monahan’s Express Company, against the Metropolitan Surety Com-From for defendant Affirmed.

1Opinion of the CourtHendrick, J.

These are actions brought under a policy of burglary or larceny insurance, and judgments were 'recovered by the plaintiffs in each case. A number of points are raised by the appellant, but none of them appear of sufficient force to require us to disturb the. judgments. One of the questions raised was as to the admissibility of'evidence of payment made by the plaintiffs to their consignors by way of settlement. That evidence was properly excluded. Under the policy of insurance the defendant assumed to indemnify the plaintiffs for the value of the goods lost, and not for their liability to a…

2Cases cited6 opinions

  1. Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
  2. Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
  3. Belloni v. . FreebornNew York Court of Appeals · 1875
  4. Roby v. American Central InsuranceNew York Court of Appeals · 1890
  5. Bermel v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1901

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