Creem v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the -28th day of December, 1909, upon the verdict of a jury rendered by direction of the court, and also from an. order entered in said clerk’s office on the 3d day of January, 1910, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Fidelity and Casualty Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the -28th day of December, 1909, upon the verdict of a jury rendered by direction of the court, and also from an. order entered in said clerk’s office on the 3d day of January, 1910, denying the defendant’s motion for a new trial made upon the minutes. Also an appeal by the plaintiffs, Daniel J. Creem and another, from certain parts of the said judgment, and' also from an order entered in said…
1DissentIVIcLaughlin, J.
I dissent for the reasons stated by me in Creem v. Fidelity & Casualty Co. (132 App. Div. 241), and also on the authority of Tolmie v. Fidelity & Casualty Co. (95 id. 352; affd., 183 N. Y. 581).
Judgment modified as directed in opinion and as modified affirmed, with costs. Settle order on notice.
2Cases cited2 opinions
- Tolmie v. . Fidelity and Casualty Company of New YorkNew York Court of Appeals · 1906
- Creem v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1909