Legal Opinion

Kuhn v. Auto Cab Mutual Indemnity Co.

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

Decided April 18, 1935PublishedCited by 9 opinions

1Opinion of the CourtCarswell, J.

The plaintiff was struck and injured by an automobile, owned by one Stagg and operated by one Bernardo. The defendant had issued to Stagg a surety bond conditioned for the payment of any judgment recovered for death or injury resulting *273from the operation of the automobile. Plaintiff brought an action against Bernardo only, and obtained a judgment. Execution was issued thereon and was returned wholly unsatisfied; whereupon plaintiff brought this action against the indemnity company to recover on the bond. Defendant moved for summary judgment pursuant to rule 113 of the Rules of Civil Practice,…

2Cases cited2 opinions

  1. Fox v. Employers' Liability Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1935
  2. Fox v. Employers' Liability Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1934

3Cited by9 opinions

  1. Phoenix Insurance v. GuthielNew York Court of Appeals · 1957
  2. GEN. ACC. FIRE & LIFE ASSUR. CORP. v. PiazzaNew York Court of Appeals · 1958
  3. Chesher v. United States Casualty Co.New York Court of Appeals · 1952
  4. General Accident Fire & Life Assurance Corp. v. PiazzaNew York Court of Appeals · 1958
  5. Employers Mutual Liability Insurance Co. of Wisconsin v. Indemnity Insurance Co. of North AmericaNew York Supreme Court · 1962

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