Automobile Ins. Co. of Hartford v. St. Paul Fire & Marine Ins.

This is an appeal from a judgment for the defendant upon a counterclaim, interposed in an action to recover for salvage collected by the defendant as the re-insured in a contract of re-insurance. The cause being at law, the parties agreed to submit all the issues to a referee “to hear and determine” under section 464 of the New York Civil Practice Act. He heard the evidence and filed his report, giving judgment to the plaintiff upon its complaint for one-fourth of the salvage collected under a contract or “treaty” of re-insurance between the defendant and an insurance company, which for…