Legal Opinion

Herbert Rosenthal Jewelry Corp. v. St. Paul Fire & Marine Insurance

Appellate Division of the Supreme Court of the State of New York

Decided April 30, 1964PublishedCited by 21 opinions

1Opinion of the Court

Breitel, J. P.

At issue is whether certain interest, added in the recovery of the principal in an action at law, should be awarded to plaintiff insured or instead to defendant insurance company. The insurance company had obtained a recovery in the Texas courts on behalf of the insured under a loan receipt taken by it from the insured. A portion of the recovery represented the amount of the previous insurance payment to the insured. The Texas courts awarded interest. Plaintiff insured, in this action for declaratory judgment, was granted summary judgment awarding it the interest on the…

2Cases cited14 opinions

  1. Wood v. . Duff-GordonNew York Court of Appeals · 1917
  2. Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
  3. Markham v. CabellSupreme Court of the United States · 1946
  4. McGrail v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1944
  5. Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. In Re IBP, Inc., Shareholders LitigationCourt of Chancery of Delaware · 2001
  2. American National Fire Insurance Company v. Yellow Freight Systems, IncorporatedCourt of Appeals for the Seventh Circuit · 2003
  3. Greenwich Village Associates v. SalleAppellate Division of the Supreme Court of the State of New York · 1985
  4. Welles v. Turner Entertainment Co.Court of Appeals for the Ninth Circuit · 2007
  5. Lerner v. LernerAppellate Division of the Supreme Court of the State of New York · 1986

16 more not listed; retrieve them via the Exa API.

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