Burke v. Continental Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William E. Burke, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 7th day of December, 1907, upon the decision of the court, rendered after a trial at the Erie Trial Term before the court without a jury, dismissing the complaint upon the merits.
1Opinion of the Court
Williams, J.:
The judgment should be reversed and a new trial granted, with costs to the appellant to abide event.
The'action was brought to recover upon a policy of fire insurance. There have been two trials, of the case. Upon the first trial judgment was ordered for plaintiff. There was an affirmance in the Appellate division but a reversal in the Court of Appeals. (100 App. Div. 108; revd., 184 N. Y. 77.) The judgment from which this appeal was taken was ordered for defendant on the second trial.
The controversy has arisen over the question as to whether the *392plaintiff’s assignor, the…
2Cases cited2 opinions
- Burke v. . Continental Ins. Co.New York Court of Appeals · 1906
- Burke v. Continental InsuranceAppellate Division of the Supreme Court of the State of New York · 1905