Toplitz v. . Bauer
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1898, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and also affirmed an order denying a motion to set aside the verdict and for a new trial. This action was brought to recover damages for the alleged conversion by the defendants’ testator of a policy of life insurance.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1898, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and also affirmed an order denying a motion to set aside the verdict and for a new trial. This action was brought to recover damages for the alleged conversion by the defendants’ testator of a policy of life insurance. The facts, so far as material, are stated in the opinion. There was, at the time of the surrender of the policy, no valid or binding agreement in force to extend the time of…
1Opinion of the CourtO’Brien, J.
The judgment in this case was entered upon the verdict of-a jury, and represents the damages which it is claimed the plaintiffs were entitled to recover for the conversion by defendants’ testator of a policy of life insurance. The questions in the case have been very elaborately argued by counsel, who differ widely both as to the theory of the action and the effect of the numerous authorities cited. Much of the argument on both sides is devoted to the real merits of ' the controversy upon the facts, which we must now regard as settled by the verdict of the jury. In the view which we take of…
2Cases cited17 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- People v. Security Life Insurance & Annuity Co.New York Court of Appeals · 1879
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3Cited by89 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- General Phoenix Corp. v. CabotNew York Court of Appeals · 1949
- Hiscock v. Varick Bank of New YorkSupreme Court of the United States · 1907
- Gins v. Mauser Plumbing Supply Co.Court of Appeals for the Second Circuit · 1945
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
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