Davis Confectionery Co. v. Rochester German Insurance
Appellate Division of the Supreme Court of the State of New York
Appear by the defendant, The Rochester German Insurance Company of Rochester, New York, from an order of the Supreme Court, made at the Westell ester Special Term and entered. in the office of the clerk of the county of Westchester on the 26th day of July, 1910.
1Opinion of the Court
Carr, J.:
Plaintiff sued to recover a loss under a fire insurance policy. Defendant answered, setting up an appraisal under the .terms of the policy, by 'which plaintiff’s loss was fixed at an amount very much- less than that claimed by plaintiff. To this defense plaintiff replied attacking the appraisal as fraudulent and collusive. Defendant refused to accept the reply as being unauthorized by the Code of Civil Procedure. On motion of plaintiff an order was entered at Special Term directing defendant to receive the reply, and from that order this- appeal is taken. -
The Code of Civil Procedure…
2Cases cited6 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Sullivan v. Traders' Insurance Co. of ChicagoNew York Court of Appeals · 1901
- Townsend v. Greenwhich InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Townsend v. . Greenwich Ins. Co. of the City of New YorkNew York Court of Appeals · 1904
- Townsend v. Greenwich InsuranceNew York Supreme Court · 1902
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3Cited by5 opinions
- Brooklyn Heights Railroad v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- O'Keefe v. Young & Rubicam, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
- Wescott v. State Highway CommissionSupreme Court of North Carolina · 1964
- Linker v. JamisonAppellate Division of the Supreme Court of the State of New York · 1916
- Dickson v. NilesNew York Supreme Court · 1924