O'Brien v. Mechanics' & Traders' Fire Insurance
New York Court of Appeals
The sheriff sued to collect a loss under a policy of insurance issued to E. S. Candler, Jr., of Florida, by virtue of seven attachments against Candler, issued against him in New York, as a non-resident. The facts sufficiently appear in the opinion.
1Opinion of the CourtAllen, J.
The plaintiff was turned out of court and his complaint dismissed solely upon the ground that the attach ment had never been levied upon the claim in contention, and that for want of such levy the plaintiff had no title to the same, and was not entitled to maintain an action for its recovery. Two other grounds were suggested by the defendant in his application to dismiss the complaint, but neither were considered or passed upon by the court, and neither can be said, even if decided adversely to the plaintiff upon the case as made upon the trial, to be conclusive upon the right of the…
2Cases cited4 opinions
- Kelly v. . RobertsNew York Court of Appeals · 1869
- Clarke v. . GoodridgeNew York Court of Appeals · 1869
- Kuhlman v. OrserThe Superior Court of New York City · 1856
- Drake v. GoodridgeNew York Supreme Court · 1869
3Cited by18 opinions
- Hayden v. . National BankNew York Court of Appeals · 1891
- Baar v. SmithCalifornia Court of Appeal · 1929
- Carter, Rice & Co. v. KoshlandOregon Supreme Court · 1885
- Clements v. DoblinAppellate Division of the Supreme Court of the State of New York · 1924
- Batchellor v. RichardsonOregon Supreme Court · 1889
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