Dougherty v. Lion Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Action by Rose E. Dougherty, as executrix of Daniel Dougherty, deceased, and others, against the Lion Fire Insurance Company and others. From a judgment for defendant (84 N. Y. Supp. 10), plaintiffs and certain defendants appeal. Affirmed.
1Dissent
HOUGHTON, J. (dissenting).
I cannot concur in the conclusion of the trial court upon the facts evidently assumed by him to have been established in this case. The complaint sets forth the facts with respect to the issuing of the policy, and it seems to me that the decision could have been placed upon much broader grounds than a mere mutual mistake. Not only by his opinion does the court say that he gives full credit to the testimony of Rose E. Dougherty, but by his findings he expressly finds that she told the son of the agent • issuing the policy that her mother was dead. With this fact…
2Cases cited9 opinions
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Steinbach v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1902
- Reynolds v. . Commerce Fire Ins. Co. of N.Y.New York Court of Appeals · 1872
- Mead v. . Westchester Fire Insurance Co.New York Court of Appeals · 1876
- Skinner v. . NormanNew York Court of Appeals · 1901
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