Le Gendre v. Scottish Union & National Insurance
New York Court of Appeals
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1905, affirming a judgment. in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1905, affirming a judgment. in favor of plaintiff entered upon a decision of the court on trial at Special Term. The motion was made upon the grounds that the Appellate Division unanimously decided that there was evidence tending to sustain the findings of fact, and that the exceptions presented no question that the Court of Appeals could review.
1Opinion of the CourtWillard Bartlett, J.
This is an action to reform a policy of fire insurance and to recover the amount of the loss upon the policy as reformed. The trial court found facts sufficient to justify and require a judgment in favor of the plaintiff,, and its decision lias been unanimously affirmed by the Appellate Division. The record presents only three exceptions to rulings on evidence, all of which are plainly of a frivolous character, and being manifestly without merit present no question of law which can be reviewed by the Court of Appeals. (Szuchy v. Hillside Coal & Iron Co., 150 N. Y. 219.) It is clear,…
2Cases cited1 opinion
- Szuchy v. . Hillside Coal Iron Co.New York Court of Appeals · 1896
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- In re the Estate of HowesNew York Surrogate's Court · 1962
- Solomon v. Continental InsuranceThe Superior Court of New York City · 1895