Paskusz v. . Philadelphia Casualty Co.
New York Court of Appeals
Appeal from a judgment, entered November 11, 1911, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered November 11, 1911, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court correctly found that the policy sued on in this action insured the plaintiffs on the “experience ” basis for losses sustained through the extension of credits to Annie Scheinberg, an “old”…
1Opinion of the CourtCardozo, J.
The plaintiffs are the holders of a policy of credit insurance issued by the defendant. The policy provides that the class of customers to be covered by its protection, and the limit of credit to be given to each of them, shall be described in an annexed schedule. The schedule distinguishes between old customers and new. The former are those to whom the indemnified has shipped goods within eighteen months before the shipment of the first item included in the account upon which loss has been incurred. The latter are those to whom he has shipped no goods within eighteen months, or to whom he…
2Cases cited2 opinions
- Janneck v. Metropolitan Life InsuranceNew York Court of Appeals · 1900
- People v. . Mercantile Credit Guarantee Co.New York Court of Appeals · 1901
3Cited by12 opinions
- Lee v. Aetna Casualty & Surety CoCourt of Appeals for the Second Circuit · 1949
- Ira S. Bushey & Sons v. American InsuranceNew York Court of Appeals · 1923
- Medlinsky v. Metropolitan Life InsuranceCity of New York Municipal Court · 1933
- Uni-Serv Corp. v. FredeCivil Court of the City of New York · 1966
- Zivitz v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1920
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