American Central Insurance v. Landau
New Jersey Court of Chancery
Final hearing on bill, combined' answer and cross-bill' and replication and answer thereto. The object of this suit, on complainant’s part, is to enforce a finding in the nature of an award by appraisers ascertaining the damage by fire to certain machinery, the property of the defendant. A statement of the bill, so far as it is necessary at present to be set forth, will be found in 11 Diclc. Oh. Rep. 518, 89 Atl. Rep.
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Final hearing on bill, combined' answer and cross-bill' and replication and answer thereto. The object of this suit, on complainant’s part, is to enforce a finding in the nature of an award by appraisers ascertaining the damage by fire to certain machinery, the property of the defendant. A statement of the bill, so far as it is necessary at present to be set forth, will be found in 11 Diclc. Oh. Rep. 518, 89 Atl. Rep. JfOO and 21 N. J. L. J. 118, where it was brought before the court on a demurrer by the defendant. The original bill was filed April 22d, 1896, and an order to show cause was…
1Opinion of the Court
Pitney, Y. C.
The pleadings and proofs raise two questions-—first, was the ascertainment of damages (called the award) valid and binding on the defendant? And second, whether found to be valid and binding or not, has the case made by the bill as to the difficulties of proceeding at law been so far supported by the proofs that the defendant ought not to proceed with his actions at law? If the court is against the defendant on both points, then a permanent injunction against the suits at law must issue, upon condition that the complainants pay the award. If the court is against the complainants…
2Cases cited3 opinions
- Bulson v. . LohnesNew York Court of Appeals · 1864
- Crofoot v. AllenNew York Supreme Court · 1829
- Broadway Insurance v. DoyingSupreme Court of New Jersey · 1893
3Cited by6 opinions
- National Bank v. Fidelity & Casualty Co.Court of Appeals for the Fourth Circuit · 1942
- Heller v. Hartz Mountain IndustriesNew Jersey Superior Court Appellate Division · 1993
- American Union Ins. Co. v. Stull Bros. Co.New Jersey Court of Chancery · 1939
- Guarantee Trust Co. v. MillerNew Jersey Court of Chancery · 1933
- National Surety Co. v. Board of EducationSupreme Court of New Jersey · 1933
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