Legal Opinion

Chartered Bank of India v. North River Insurance

Appellate Division of the Supreme Court of the State of New York

Decided February 18, 1910PublishedCited by 11 opinions

Appeal by the plaintiff, Chartered Bank of India, Australia and China, from an order of the- Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of . December, 1909, as resettled and amended by an order entered on the 10th day of January, 1910, denying the plaintiff’s motion to vacate an order for the examination of the plaintiff and another corporation, not a party to the action, before trial.

1Opinion of the Court

Scott, J.:

Appeal from an order denying a .motion to vacate an order for examination before trial. The action is upon a policy of fire insurance issued by defendant to the F. P. Bhumgara Company, loss, if any, payable to plaintiff. It is alleged that the articles insured were destroyed or damaged by fire and that after the loss and before the commencement of the. action the Bhumgara Company for a valuable consideration assigned the policy and all moneys, due and payable thereunder to the plaintiff. The answer, in addition to the usual denials designed to put the plaintiff to its proofs, sets…

2Cases cited4 opinions

  1. Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
  2. Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
  3. Seeley v. . ClarkNew York Court of Appeals · 1879
  4. Diefendorf v. FennAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by11 opinions

  1. McGowan v. EastmanNew York Court of Appeals · 1936
  2. Southbridge Finishing Co. v. GoldingAppellate Division of the Supreme Court of the State of New York · 1956
  3. In re National City BankAppellate Division of the Supreme Court of the State of New York · 1941
  4. Foote v. Joseph Bisceglia & Sons, Inc.New York Supreme Court · 1948
  5. McCormack v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1917

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