Windecker v. Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John W. "Windecker, from a judgment of the Supreme Court, entered in the office' of the clerk of the county of Herkimer on the 10th day of January, 1896, upon the decision of the court rendered after a trial at the Oneida Special Term.
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Appeal by the plaintiff, John W. "Windecker, from a judgment of the Supreme Court, entered in the office' of the clerk of the county of Herkimer on the 10th day of January, 1896, upon the decision of the court rendered after a trial at the Oneida Special Term. The judgment provided that, out of an insurance fund held by the defendant, the Mutual Life Insurance Company, there should be paid to the plaintiff- (the appellant) $922.27, and Ellen Pickert, asadministratrix, $725.16, with costs in favor of Ellen Pickert against, the plaintiff. Ho other costs were awarded. This judgment grew out of…
1Opinion of the CourtWard, J.
As neither the Mutual Life Insurance Company nor Ellen Pickert, as administratrix, has appealed from the judgment entered upon the decision' of the trial court, the objections urged by them respectively cannot be considered upon this review. We will, therefore, examine only the objections taken by the appellant to the procedure below.
The appellant vigorously assails the conclusions of the trial court in regard to the refusal of the plaintiff to account to Mrs. Pickert for his expenditures and his claim of absolute ownership of fire-policy and its proceeds. An examination of the evidence upon…
2Cases cited11 opinions
- Clark v. . MosherNew York Court of Appeals · 1887
- Pattison v. RichardsNew York Supreme Court · 1856
- Newell v. Salmons & WashburnNew York Supreme Court · 1856
- Dinlay v. McCullaghNew York Supreme Court · 1895
- Campbell v. GenetNew York Court of Common Pleas · 1859
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
- Fricke v. W. E. Fuetterer Battery & Supplies Co.Missouri Court of Appeals · 1926
- Hanna v. Manufacturers' Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Greenblatt v. MendelsohnCity of New York Municipal Court · 1905
- Swertz v. SwertzNew York Supreme Court · 1961
5 more not listed; retrieve them via the Exa API.