Hanover Fire Insurance v. Germania Fire Insurance
New York Court of Appeals
Appeal from judgment of the supreme court, general term, first department, reversing so much of the judgment in favor of jilaintiff as adjudged that plaintiff recover an extra allowance of $2,000. This was an action in equity to restrain the defendant, the Germania Fire Insurance Company, from interfering with the closing up by one Stoddart of the business of “ The New York Underwriters Agency,pursuant to an agreement between that company and the plaintiff, the Hanover Fire…
Read the full summary
Appeal from judgment of the supreme court, general term, first department, reversing so much of the judgment in favor of jilaintiff as adjudged that plaintiff recover an extra allowance of $2,000. This was an action in equity to restrain the defendant, the Germania Fire Insurance Company, from interfering with the closing up by one Stoddart of the business of “ The New York Underwriters Agency,pursuant to an agreement between that company and the plaintiff, the Hanover Fire Insurance Company. The Germania Company in its answer among other things alleged that “ The New York Underwriters…
1Opinion of the Court
Andrews, Ch. J.
We think the question of the power of the court to grant an extra allowance was brought before the general term by the appeal from that part of the judgment by which the award was made.
The granting of an extra allowance under § 3252 of the Code can never be demanded as a legal right, but is in the discretion of the court. Whether an allowance shall be made in cases coming within the section is a question which arises after the trial and determination of the issues. The court may determine the question upon the facts disclosed on the trial, or brought to its attention by…
2Cited by6 opinions
- De Long v. De Long Hook & Eye Co.New York Supreme Court · 1895
- Meyer Rubber Co. v. Lester Shoe Co.New York Supreme Court · 1895
- Delmar v. DelmarAppellate Division of the Supreme Court of the State of New York · 1901
- Israel v. Metropolitan El. RailroadNew York Court of Common Pleas · 1895
- People v. Rochester Dime Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.