Algase v. Horse Owners' Mutual Indemnity Ass'n
New York Supreme Court
Appeal from judgment on report of referee. Action by Levi M. Algase against the Horse Owners’ Mutual Indemnity Association of Rochester, N. Y. From a judgment for $56.65 damages and for costs, and declaring “that the defendant is entitled to be subrogated to all the rights of the said plaintiff on his said claim against John T. Brooks, including any security which he may hold against said Brooks,” defendant appeals.
1Opinion of the CourtHardin, P. J.
On the 16th day of June, 1891, the defendant issued a policy of insurance or indemnity to John T. Brooks, upon his horse, wherein the defendant agreed, “upon receiving satisfactory proofs of the death of said animal by disease, accident, or broken leg, to pay to the said insured, executors, administrators, or assigns, the sum of one hundred dollars, from its mortuary fund, within sixty days after the approval of the claim by its executive board.” It was averred in the complaint, and proven on the trial, that on. the 13th day of August, 1891, Brooks, by a written indorsement upon the…
2Cases cited8 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Holmes v. . JonesNew York Court of Appeals · 1890
- Cromwell v. . the Brooklyn Fire Ins. Co.New York Court of Appeals · 1870
- Hathaway v. Orient InsuranceNew York Court of Appeals · 1892
- Winne v. . Niagara Fire Ins. Co.New York Court of Appeals · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cromwell v. HughesThe Superior Court of the City of New York and Buffalo · 1895
- Raynolds v. VinierAppellate Division of the Supreme Court of the State of New York · 1908