Joseph Gordon, Inc. v. Massachusetts Bonding & Insurance
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 10, 1919, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment of dismissal was right and should be reiÆnstated. (Hygienic Ice & R. Co. v. Phil. Casualty Co., 162 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 10, 1919, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment of dismissal was right and should be reiÆnstated. (Hygienic Ice & R. Co. v. Phil. Casualty Co., 162 App. Div. 190; 222 N. Y. 583.) The letter of April 14, 1914, was not a waiver of the breach. (Allen v. German-American Ins. Co., 123…
1Opinion of the Court
Hiscock, Ch. J.
The defendant issued a policy-insuring the plaintiff “.against loss from the liability imposed by law upon the assured for damages on account of bodily injuries * * * accidentally suffered by any person or persons by means of the horses or any draft animals or vehicles, for which a charge is made in the premium.” In the warranties it was stated that the number of horses owned or hired by the assured varied and the number .of vehicles used in its business was stated to be “ 10 more or less.” There was also set forth the warranty which has become the cause of this litigation that…
2Cases cited4 opinions
- Brassil v. . Maryland Casualty Co.New York Court of Appeals · 1914
- Mason-Henry Press v. . &198tna L. Ins. Co.New York Court of Appeals · 1914
- Hygienic Ice & Refrigerating Co. v. Philadelphia Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Hygienic Ice & Refrigerating Co. v. Philadelphia Casualty Co.New York Court of Appeals · 1917
3Cited by26 opinions
- O'Dowd v. American Surety Co.New York Court of Appeals · 1957
- Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
- Salonen v. PaanenenMassachusetts Supreme Judicial Court · 1947
- State Farm Mutual Automobile Insurance v. AndersonCourt of Appeals of Georgia · 1961
- Miller v. Union Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1924
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