Gilboy v. Lennon
New York Supreme Court
Motion by plaintiffs pursuant to rule 109 of the Rules of Civil Practice to dismiss the counterclaim contained in defendant’s answer.
1Opinion of the CourtEdgcomb, J.
This is a negligence action, and grows out of an automobile collision which occurred on the 5th of August, 1921, on the Salisbury road in the county of Herkimer in which the cars of both parties were damaged. Each party claims that the other was to blame for the accident. The plaintiff Gilboy carried an accident insurance policy with his coplaintiff, the Massachusetts Bonding and Insurance Company. The insurance company conceded its liability on the policy, and paid Gilboy $633.32 on November 4,1921, on which date the latter assigned to the insurance company all his rights, claims and causes…
2Cases cited8 opinions
- Ter Kuile v. MaralandNew York Supreme Court · 1894
- Spofford v. . RowanNew York Court of Appeals · 1891
- Faulkner v. SwartNew York Supreme Court · 1889
- McCulloch v. VibbardNew York Supreme Court · 1889
- Kelly v. WebsterAppellate Division of the Supreme Court of the State of New York · 1911
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3Cited by2 opinions
- Bauer v. PhelpsNew York Supreme Court · 1929
- William P. McGarry Co. v. Andrew Weston Co.Appellate Division of the Supreme Court of the State of New York · 1936