Legal Opinion
Eber Bros. Wine & Liquor v. Firemen's Ins.
District Court, S.D. New York
Decided November 16, 1939PublishedCited by 5 opinions
1Opinion of the Court
MANDELBAUM, District Judge.
This is a motion to strike the third and fourth defenses from the answers of both defendants as being insufficient in law.
The third defense alleges, in substance, that the action is barred by virtue of a provision in the policy of insurance that all actions on the policy must be commenced within 12 months next after the happening of the loss.
The fourth defense alleges, in substance, that the plaintiff is not the real party in interest in that the action is being maintained for and on behalf of Great American Insurance Co:; that the plaintiff was paid for its alleged…
2Cases cited6 opinions
- Brandyce v. Globe & Rutgers Fire InsuranceNew York Court of Appeals · 1929
- Koury v. Providence-Washington InsuranceSupreme Court of Rhode Island · 1929
- Adler v. Bush Terminal Co.New York Supreme Court · 1936
- Travelers Insurance v. RussoAppellate Terms of the Supreme Court of New York · 1935
- Herald Nathan Press, Inc. v. BourgesCity of New York Municipal Court · 1936
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
- Gould v. WeibelSupreme Court of Florida · 1952
- Wesselman v. Travelers Indemnity CompanySupreme Court of Delaware · 1975
- Lumbermens Mutual Casualty Co. v. North River InsuranceNew York Supreme Court · 1980
- Armour & Company v. St. Paul Fire & Marine Insurance CompanyCourt of Appeals for the Seventh Circuit · 1973