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, Ltd., 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 11th day of December, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of January, 1919, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hubbs, J.:
This is an action upon a policy of credit insurance. The complaint is in the usual form. It alleges the contract of insurance, which is referred to and made a part of the complaint. It also alleges the loss under the policy and the amount thereof, and the failure of the defendant to perform its contract by paying the loss after demand for the same. It also contains a general allegation that the plaintiff has duly performed all the terms and conditions of the contract.
The defendant, in its answer, admits the issuing of the policy and sets up as an affirmative defense that the…
2Cases cited16 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Lewis v. Guardian Fire & Life Assurance Co. of London, EnglandNew York Court of Appeals · 1905
- McClelland v. . Mutual Life Ins. Co.New York Court of Appeals · 1916
- Whipple v. . Prudential Ins. Co.New York Court of Appeals · 1917
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929
- Miller v. Union Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Zeltner v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Keck v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- Jones v. Zurich General Accident & Liability Ins.Court of Appeals for the Second Circuit · 1941
8 more not listed; retrieve them via the Exa API.