Legal Opinion · Concurrence

Swing v. Engle

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

Decided February 1, 1911Published

Appeal by the defendant, Albert A. Engle, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 24th day of March, 1910, upon the verdict of a jury rendered by direction of the court.

1Concurrence

McLennan, P. J. (concurring):

This is an appeal by the defendant from a judgment of the Supreme Court, entered in favor of the plaintiff in the office of the clerk of Erie county on the 24th day of March, 1910, upon a direction of a verdict by the court, at the close of all the evidence, for the sum of $498.19 damages and costs. The action is brought to recover upon the defendant’s alleged contingent liability as a policyholder in a mutual fire insurance corporation, organized under the laws of the State of Ohio, and dissolved by a judgment of the Supreme Court of that State, the plaintiff…

2Cases cited3 opinions

  1. Howland v. . EdmondsNew York Court of Appeals · 1862
  2. Swing v. HumbirdSupreme Court of Minnesota · 1904
  3. Swing v. MooneyAppellate Division of the Supreme Court of the State of New York · 1910

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