Aronin v. Philadelphia Casualty Co.
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of New York ordering a compulsory reference under section 1013 of the Code of Civil Procedure.
1Opinion of the CourtErlanger, J.
Conceding that the City Court is invested with power to order a compulsory reference in a proper case, I hold that this is not such a case in which such power can be exercised. The action is predicated upon a bond of indemnity issued by the defendant to the plaintiff wherein he is insured against loss o'f merchandise claims, not to exceed $3,000. The immediate object of the action is to recover damages for losses incurred because of the insolvency of eighteen debtors who failed to pay for the merchandise sold and delivered to them by plaintiff; and the credit bond or insurance policy was…
2Cases cited7 opinions
- Camp v. . IngersollNew York Court of Appeals · 1881
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Untermyer v. . BeinhauerNew York Court of Appeals · 1887
- Silmser v. RedfieldNew York Supreme Court · 1837
- Smith v. London Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1906
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3Cited by1 opinion
- Lustgarten v. HarlamAppellate Terms of the Supreme Court of New York · 1907