Legal Opinion

Lawrence v. Schaefer

Appellate Division of the Supreme Court of the State of New York

Decided July 29, 1897PublishedCited by 2 opinions

Appeal from trial term, Erie county. Action by Thomas E. Lawrence against Gustave A. Schaefer. From a judgment dismissing the complaint (see 42 N. Y. Supp. 992), plaintiff appeals.

1Per curiam

The conclusion stated in the findings and opinion of Spring, J., seems to be sustained by Leiter v. Beecher, 2 App. Div. 577, 37 N. Y. Supp. 1114, and Concentrating Works v. Ackermann, 6 App. Div. 540, 39 N. Y. Supp. 585. The attorney, C. Hagen, was also an underwriter, and hence, the case differs from Farjeon v. Fogg, 16 Misc. Rep. 220, 37 N. Y. Supp. 980. The logic of the Leiter Case seems to indicate that the restrictive language used in the policy is not void as against public policy; and the opinion delivered by Spring, J., applies the doctrine of that case, as well as the case of…

2Cases cited3 opinions

  1. Leiter v. BeecherAppellate Division of the Supreme Court of the State of New York · 1896
  2. New Jersey & Pennsylvania Concentrating Works v. AckermannAppellate Division of the Supreme Court of the State of New York · 1896
  3. Farjeon v. FoggNew York Supreme Court · 1896

3Cited by2 opinions

  1. Ralli v. WhiteAppellate Terms of the Supreme Court of New York · 1897
  2. Lawrence v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1897

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