Bini v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Tito Bini, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 30th day of March, 1898, upon the decision of the court, dismissing the complaint upon the merits, rendered after a trial before the court, without a jury, of an issue of fact properly triable before a jury.
1Opinion of the Court
Goodrich, P. J.:
The action was brought to recover an aliquot part of $1,000 on a Lloyds policy of insurance for $1,000 issued to the plaintiff upon a *464hotel in Southfield in the county of Richmond,' and certain personal property therein, each of the subscribers underwriting $76.92. The defense was based chiefly upon the ground that the policy was issued without the authority of the defendant and without consideration, that is, payment of premium; and that about four months after its issue it was duly canceled in accordance with its terms." The parties stipulated for a trial before a justice of…
2Cases cited5 opinions
- Hangen v. . HachemeisterNew York Court of Appeals · 1889
- Hawver v. . BellNew York Court of Appeals · 1894
- Francis v. Ocean Insurance Co.New York Supreme Court · 1826
- Tooker v. Security Trust Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Cahill v. Andes Ins. Co.U.S. Circuit Court for the Northern District of Illnois · 1872
3Cited by3 opinions
- Spencer Livestock Commission Company Mike Donaldson v. Department of AgricultureCourt of Appeals for the Ninth Circuit · 1988
- C. A. Smith Lumber Co. v. Colonial Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Rogers v. United States Fidelity & Guarantee Co.Appellate Terms of the Supreme Court of New York · 1903