Imperial Shale Brick Co. v. . Jewett
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 28, 1899, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 28, 1899, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants were so associated and transacted their insurance business in such manner that by the common law they were as toward third persons jointly liable, substantially as partners. (1 Lindley on Part. [4th ed.] 376, 377; 3 Kent’s Comm. [13th ed.]…
1Opinion of the CourtLandon, J.
The plaintiff brought this action to reform a • contract of insurance and, as reformed, to recover against the nineteen defendants as joint insurers of a cargo of pressed bricks shipped by plaintiff at Cleveland, Ohio, about October 2, 1895, to Waukegan, Illinois. The cargo became a total loss and did not reach its destination.
The contract is in these words :
“No. 363. ' $2,000.00.
“ Inland Marine Certificate of Insurance.
“ Buffalo, N. Y. Oct. 5th, 1895.
“ This is to certify that The Imperial Shale Brick Company insured under and subject to the conditions of Open Policy No. 4007, issued by the…
2Cases cited11 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Lipman v. Niagara Fire InsuranceNew York Court of Appeals · 1890
- De Grove v. . Metropolitan Ins. Co.New York Court of Appeals · 1875
- Howell v. . AdamsNew York Court of Appeals · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Beach v. Supreme Tent of Knights of MacCabeesNew York Court of Appeals · 1904
- Pennsylvania Co. for Insurances on Lives v. WallaceSupreme Court of Pennsylvania · 1943
- Stevens v. Equity Mutual Fire InsuranceMontana Supreme Court · 1923
- Lipshitz v. New Zealand InsuranceCourt of Appeals of Georgia · 1926
- Berman v. Consolidated Nevada-Utah Corp.New York Supreme Court · 1928
13 more not listed; retrieve them via the Exa API.