Legal Opinion

Welden v. . Frankfort General Insurance Company

New York Court of Appeals

Decided November 16, 1920PublishedCited by 1 opinion

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 26,' 1918, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting' a new trial. Plaintiff received personal injuries through being struck by an automobile. The driver of the automobile held a policy of liability insurance issued by the defendant.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 26,' 1918, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting' a new trial. Plaintiff received personal injuries through being struck by an automobile. The driver of the automobile held a policy of liability insurance issued by the defendant. Shortly after the accident a representative of the attorneys for the defendant called upon plaintiff and agreed to “ settle with you any time you are ready.” No…

1Opinion of the Court

Order of Appellate Division reversed and judgment of Trial Term affirmed on the dissenting opinion of H. T. Kellogg, J., below, with costs in this court and in Appellate Division.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ.

2Cited by1 opinion

  1. Hover v. National Grange InsuranceNew York Court of Appeals · 1964

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