Metzger v. Ætna Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emanuel Metzger, as receiver, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of "Ulster on the 2d day of April, 1918, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
H. T. Kellogg, J.:
This is an appeal from a judgment entered upon an order dismissing a complaint at the close of the plaintiff’s case in an action to procure a reformation of a policy of fire insurance, and to recover on the policy as reformed the sum therein stipulated to be paid for a fire loss.
*628The subject of insurance was an unfinished building which was being erected by a corporation of which one Metzger was president. Metzger had called up a Mr. Fowler of Decker & Fowler, -who represented the defendant, and asked him to write a policy on the building for $2,500. Fowler came to the office…
2Cases cited2 opinions
- Barlow v. . ScottNew York Court of Appeals · 1861
- Steinbach v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Sweeney v. Independent Order of ForestersAppellate Division of the Supreme Court of the State of New York · 1920