Hoffman v. North British & Mercantile Insurance
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court, first district, borough of Manhattan, in favor of plaintiff and against the defendant.
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Appeal from a judgment of the Municipal Court, first district, borough of Manhattan, in favor of plaintiff and against the defendant. Action by the plaintiff as assignee of one Morris Rosier to recover of the defendant $204.93, the proportionate amount of loss and damage to Resler’s stock of goods caused by a fire which occurred on July 28, 1900. The plaintiff seeks to recover on the ground that, under the contract stated in the opinion, the defendant assumed a direct liability to the insured.
1Opinion of the CourtClarke, J.
On the 24th of April, 1900, plaintiff’s assignor took out a policy of insurance against fire in the Traders Insurance Company of New York in the sum of $1,000 on his stock of goods, and paid therefor a premium of $20.
On the 27th of April, 1900, the Traders Insurance Company and the North British & Mercantile Insurance Company of Edinburgh and London made an agreement in writing whereby, upon the payment of $10,000, before twelve o’clock, noon, on April twenty-eighth, the latter company — the defendant — agreed “ to assume the fire risks of the Traders Fire Insurance Company of New York from…
2Cases cited3 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Fischer v. . Hope Mutual Life Ins. Co.New York Court of Appeals · 1877
- Glen v. . H. Mutual L. Ins. Co. of N.Y.New York Court of Appeals · 1874
3Cited by4 opinions
- Insurance of Pennsylvania v. Park & Pollard Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Sofia Bros. v. General Reinsurance Corp.New York Supreme Court · 1934
- National Surety Co. v. People ex rel. KaneSupreme Court of Colorado · 1924
- Meyer Kornblum & Son, Inc. v. Excess Ins.District Court, E.D. New York · 1935