Ithaca Fire Department v. Rice
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Ithaca Fire Department, from a final judgment of. the Supreme Court in favor of the defendant, entered in the office of the clerk of the- county of Tompkins on the 1st. day of March, 1905, pursuant to. an .interlocutory' judgment entered in said clerk’s office on. the 2d day of February, 1905, upon the decision of the court, rendered after a trial at-the Tompkins Special Term, sustaining the- defendant’s demurrer to the plaintiff’s complaint,…
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Appeal by the plaintiff, the Ithaca Fire Department, from a final judgment of. the Supreme Court in favor of the defendant, entered in the office of the clerk of the- county of Tompkins on the 1st. day of March, 1905, pursuant to. an .interlocutory' judgment entered in said clerk’s office on. the 2d day of February, 1905, upon the decision of the court, rendered after a trial at-the Tompkins Special Term, sustaining the- defendant’s demurrer to the plaintiff’s complaint, with notice of an intention to bring up for review upon such appeal the said interlocutory judgment.
1Opinion of the Court
Chase, J.:
The plaintiff is a corporation and the fire department of the city of Ithaca. The complaint alleges: “ That on the 11th day of April, 1903, the defendant, as agent for the Prussian National Insurance *101Company (of Stettin, Germany), which is a company not organized under the laws of the State of New York, effected an insurance of the property of Cornell University, situated within the said city of Ithaca, against loss or injury by fire, in the said Prussian National Insurance Company, without having filed with the treasurer of the plaintiff a bond required - by section 134 of the…
2Cases cited5 opinions
- City of New York v. . McLeanNew York Court of Appeals · 1902
- Rosenstock v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- Western Massachusetts Mutual Fire Insurance v. HiltonAppellate Division of the Supreme Court of the State of New York · 1899
- People v. SpeesAppellate Division of the Supreme Court of the State of New York · 1897
- Boston Manufacturer's Mutual Fire Insurance v. HendricksNew York Supreme Court · 1903
3Cited by7 opinions
- Donnelly v. BauderAppellate Division of the Supreme Court of the State of New York · 1926
- People v. KosterNew York Supreme Court · 1906
- People v. RussAppellate Division of the Supreme Court of the State of New York · 1910
- Fire Department of East Rochester v. BarleyNew York Supreme Court · 1911
- People v. Douglas Packing Co.New York Supreme Court · 1922
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