L. Black Co. v. London Guarantee & Accident Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, London Guarantee and Accident Company, Limited, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 6th day of November, 1912, upon the verdict of a jury rendered by direction of the court, both parties having moved for the direction of a verdict at the close of the case.
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Appeal by the defendant, London Guarantee and Accident Company, Limited, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 6th day of November, 1912, upon the verdict of a jury rendered by direction of the court, both parties having moved for the direction of a verdict at the close of the case. Defendant also appeals from an order entered in said clerk’s office on the same day, denying its motion for a new trial made upon the minutes.
1Opinion of the Court
Robson, J.:
The cause of action upon which plaintiff had its judgment is founded upon a contract of credit insurance, made by the defendant, as insurer, with plaintiff, as the insured. The pol*187icy of insurance issued by defendant to plaintiff is set forth in full in the plaintiff’s complaint and its issuance to plaintiff by defendant substantially in the form set out in the complaint is admitted by defendant in its answer. The principal defense interposed was the affirmative one of an alleged breach of warranty on the part of plaintiff by reason of a statement contained in plaintiff’s…
2Cases cited2 opinions
- Dineen v. General Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
- Higgins v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1878
3Cited by1 opinion
- L. Black Co. v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1919