Utica Sanitary Milk Co. v. Casualty Co. of America
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 17, 1912, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 17, 1912, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The defendant, on or about March 24, 1910, issued to the plaintiff a policy of employers’ liability insurance, whereby the defendant agreed to indemnify the plaintiff for twelve months thereafter from loss or liability arising from accident or injury to any of the plaintiff’s employees up to a fixed amount. The policy contained the…
1Opinion of the CourtCuddeback, J.
The plaintiff rests its case on the proposition that the knowledge which Hatfield possessed was the knowledge of the defendant, and no further notice of the accident was required by the policy. The argument is that Hatfield was the plaintiff’s manager, charged with the duty of giving notice, and that he was the defendant’s agent, charged with the duty of receiving such notice, and that it would have been a useless formality for Hatfield to give notice to himself; and further, that the defendant had knowledge of Hatfield’s dual agency.
Tn Exchange Bank v. Nebraska Underwriters Ins. Co. (120 N.…
2Cases cited3 opinions
- Atlantic State Bank of Brooklyn v. SaveryNew York Court of Appeals · 1880
- Exchange Bank v. Nebraska Underwriters InsuranceNebraska Supreme Court · 1909
- First National Bank v. German American InsuranceNorth Dakota Supreme Court · 1911
3Cited by8 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Thomson v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Safeguard Insurance v. BaldaufNew York Supreme Court · 1959
- Acosta v. RoachNew York Supreme Court · 1958
- Holyoke Mutual Insurance v. B.T.B. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1981
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