Trachtenberg v. Home Indemnity Co.
City of New York Municipal Court
1Opinion of the CourtStarke, J.
Plaintiff assured, the owner of an automobile, is suing defendant insurance company for damages for breach of contract of insurance.
*645A novel question of law is presented for which there appears to be no precedent in the United States. The sole case cited, a Mississippi case, is not at all applicable and sheds no light whatsoever on the instant case.
The facts are conceded. The plaintiff’s automobile was involved in a collision. At the time of the accident, he had a denture in his shirt pocket. His chest hit the steering wheel and the denture was broken beyond repair, necessitating its…
2Cases cited4 opinions
- Marcus v. United States Casualty Co.New York Court of Appeals · 1928
- Levine v. Accident & Casualty InsuranceCity of New York Municipal Court · 1952
- Rice Oil Co. v. Atlas Assur. Co.Court of Appeals for the Ninth Circuit · 1939
- Terry v. National Surety Co.Mississippi Supreme Court · 1933