Legal Opinion

International Ferry Co. v. American Fidelity Co.

New York Court of Appeals

Decided February 25, 1913PublishedCited by 11 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 27, 1911, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. If plaintiff is entitled to relief against the defendant it cannot be had in this action. (24 Am. & Eng. Ency. of Law, 619; 20 Am. & Eng.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 27, 1911, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. If plaintiff is entitled to relief against the defendant it cannot be had in this action. (24 Am. & Eng. Ency. of Law, 619; 20 Am. & Eng. Ency. of Law, 809; Browne on Parol Evidence, 77; Steinbach v. Prudential Ins. Co., 62 App. Div. 133; McConbray v. St. Paul, 50 App. Div. 416; Maher v.…

1Opinion of the CourtCollin, J.

The plaintiff corporation operated a ferry on the Niagara river and seeks by this action to recover a part of each of two annual premiums paid by it to the defendant upon a marine vessel liability insurance upon the ground that its payment was induced by the deceit of the defendant. At the close of the evidence the parties conceded that it did not present a question of fact for the jury. The question whether there was any evidence to support the verdict in the plaintiff’s favor, directed by the trial court and unanimously affirmed by the Appellate Division, is a question of law reviewable by…

2Cases cited11 opinions

  1. Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
  2. Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
  3. Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
  4. Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
  5. Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872

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3Cited by11 opinions

  1. L. Lewitt & Co. v. Jewelers' Safety Fund SocietyNew York Court of Appeals · 1928
  2. Large v. Wire Wheel Corp.Appellate Division of the Supreme Court of the State of New York · 1928
  3. Struzewski v. . Farmers' Fire Ins. Co.New York Court of Appeals · 1919
  4. De Leon v. Aetna Life Insurance Co. of HartfordCity of New York Municipal Court · 1949
  5. Lenz v. World-Wide Automobiles Corp.New York Supreme Court · 1957

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