Legal Opinion
Northwestern Fire & Marine Insurance v. Fred T. Ley & Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 1933PublishedCited by 6 opinions
1Opinion of the CourtTaylor, J.
The findings of the learned trial court (1) that plaintiff compromised and settled the claim of defendant Cowles Towing Company, Inc., against plaintiff at less than the full loss, and (2) that said defendant released defendant Fred T. Ley & Co., Inc., from all liability arising from its negligence, are not against the weight of the evidence. (McCormick v. Shippy, 119 Fed. 226; 124 id. 48, 51; Sanie Fe Railway v. Grant Bros. Construction Co., 228 U. S. 177, 192.) These findings, if correct, have deprived plaintiff of all its rights through subrogation, it not having ascertained the facts as…
2Cases cited5 opinions
- Santa Fe, Prescott & Phœnix Railway Co. v. Grant Bros. Construction Co.Supreme Court of the United States · 1913
- Smith v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Hanlon v. Union Bank of MedinaNew York Court of Appeals · 1928
- McCormick v. ShippyDistrict Court, S.D. New York · 1902
- The BodoU.S. Circuit Court for the District of Southern New York · 1907
3Cited by6 opinions
- Chase v. National Indemnity Co.California Court of Appeal · 1954
- American Surety Co. v. GeroldAppellate Division of the Supreme Court of the State of New York · 1938
- Eifert v. United States Fidelity & Guaranty Co.New York Supreme Court · 1940
- American Surety Co. v. GeroldNew York Supreme Court · 1939
- Herbert Rosenthal Jewelry Corp. v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1964
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