McAleenan v. Massachusetts Bonding & Insurance
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The burden is upon the plaintiff to show that the judgment in the case of Cimino v. McAleenan would have been reversed on appeal before he can recover against defendant herein.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The burden is upon the plaintiff to show that the judgment in the case of Cimino v. McAleenan would have been reversed on appeal before he can recover against defendant herein. (G. M. L. & M. Co. v. E. L. Assur. Corp., 117 Iowa, 180; Cornelissen v. Ort, 93 N. W. Rep. 617; Vooth v. McEachen, 181 N. Y. 28; Brassil v. Maryland…
1Opinion of the Court
Hiscock, Ch. J.
Under the demurrer which was successfully interposed to one alleged cause of action, this action remains as one brought to recover damages for defendant’s neglect in failing to take an appeal from a judgment which had been rendered against plaintiff. The defendant insured plaintiff to the extent of $5,000 against liability for damages which might be caused by the operation of his automobile. In the course of such operation one Cimino was killed and thereafter the latter’s wife as administratrix brought an action against plaintiff to recover damages resulting from the death of…
2Cases cited9 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
- Vooth v. . McEachenNew York Court of Appeals · 1905
- Gambert v. HartCalifornia Supreme Court · 1872
- Getchell & Martin L. M. Co. v. Employers Liability Assurance Corp.Supreme Court of Iowa · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
- Hamilton Fire Insurance v. GregerNew York Court of Appeals · 1927
- Hartford Accident Indemnity Company v. CosbySupreme Court of Alabama · 1965
- Sybron Transition Corporation v. Security Insurance Company Of HartfordCourt of Appeals for the Seventh Circuit · 1997
- Ashland Window & Housecleaning Co. v. Metropolitan Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1945
22 more not listed; retrieve them via the Exa API.