Northam v. Dutchess County Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lewis N. Nortliam, as assignee for the benefit of creditors of Wallace G. Northam, from an order of the Supreme Court, made at the Jefferson Trial Term and entered in the office of the clerk of the county of Jefferson on the 18th day of July, 1901, granting the defendant’s motion to set aside a verdict previously rendered in favor of the plaintiff, upon the ground that it was against the weight of evidence, and granting a new trial.
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Appeal by the plaintiff, Lewis N. Nortliam, as assignee for the benefit of creditors of Wallace G. Northam, from an order of the Supreme Court, made at the Jefferson Trial Term and entered in the office of the clerk of the county of Jefferson on the 18th day of July, 1901, granting the defendant’s motion to set aside a verdict previously rendered in favor of the plaintiff, upon the ground that it was against the weight of evidence, and granting a new trial. The action was commenced on the 4th day of March, 1899, to recover upon an insurance policy issued by the defendant to plaintiff’s…
1Opinion of the Court
McLennan, J.:
The. action was originally tried in January, 1900, before the-court and a jury, and resulted in a judgment in favor of the plaintiff for the value of the property destroyed. Upon, that trial the plaintiff’s assignor testified (in which he was corroborated by other witnesses and it was established to the satisfaction of the jury, notwithstanding the denial by the defendant’s agent) , that after he executed and delivered a general assignment for the benefit of creditors to the plaintiff, he called upon defendant’s agent, informed him of the fact, and stated in substance- that the…
2Cases cited9 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Bagley v. . BoweNew York Court of Appeals · 1887
- Glassford v. LewisNew York Supreme Court · 1894
- Ferguson v. GillNew York Supreme Court · 1893
- Luhrs v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dashnau v. City of OswegoAppellate Division of the Supreme Court of the State of New York · 1923
- Werthner v. OleninNew York Supreme Court · 1945
- Weber v. SteingartAppellate Division of the Supreme Court of the State of New York · 1927
- Adams v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Dechambeau v. Ames Iron WorksNew York Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.