New York & Boston Despatch Express Co. v. Carroll
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Howard Carroll and another, as executors, ‘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 6th day of July, 1915,'deny-ing their motion for a judgment on the pleadings after an answer had been interposed to the amended complaint.
1Opinion of the Court
Ingraham, P. J.:
The complaint alleges a cause of action based upon the receipt by defendants’ testator of certain insurance moneys upon a policy whereby the insurance company insured the defendants’ testator as “freighter, forwarder, bailee, common carrier, or for account of whom it may concern; loss, if any, payable to” John H. Starin’ “or order to the amount of $20,000 on goods, wares and merchandise, including live stock and baggage while on hoard ” the vessel known as the John H. Starin (subsequently transferred to the Glen Island), owned by the said John H. Starin, ‘ ‘ against all loss,…
2Cases cited5 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Adams v. . OlinNew York Court of Appeals · 1893
- Symmers v. . CarrollNew York Court of Appeals · 1913
- Yates v. WingAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Dougherty v. Equitable Life Assurance Society of the United StatesNew York Supreme Court · 1932
- Dumbadze v. LignanteAppellate Division of the Supreme Court of the State of New York · 1926
- Schwartz v. Public AdministratorAppellate Division of the Supreme Court of the State of New York · 1967