Legal Opinion · Dissent

Scharles v. N. Hubbard Jr. & Co.

Appellate Terms of the Supreme Court of New York

Decided November 15, 1911Published

Appeal by plaintiffs from a judgment of the City Court of the city of Hew York, dismissing the complaint at the close of the plaintiffs’ case.

1Dissent

Bijur, J. (dissenting).

Plaintiffs, holders of two policies of fire insurance, sue defendant, which is an insurance broker, alleging that the latter obtained one of these policies in a form which rendered it void, and that defendant is liable to plaintiffs for its negligence to the amount of the loss subsequently suffered by plaintiffs through a fire on . property covered by the terms of the policy, but the amount of which the insuring company declined to pay by reason of this alleged invalidity of the policy.

Plaintiffs, having been unable to obtain sufficient' insurance in companies…

2Cases cited10 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
  3. Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
  4. Union National Bank of Chicago v. ChapmanNew York Court of Appeals · 1902
  5. Hicks v. British America Assurance Co.New York Court of Appeals · 1900

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