Fish v. . Vanderlip
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 4,1915, which affirmed an order of Special Term sustaining a demurrer to the fifth separate defense in the amended answer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 4,1915, which affirmed an order of Special Term sustaining a demurrer to the fifth separate defense in the amended answer. The action is brought to recover $150 upon a “United States Lloyds” policy of insurance covering the yacht Senta, which is alleged to have been destroyed by fire on October 25th, 1910, while lying in the harbor of Edgar-town, Massachusetts. The defendant, together with ninety-nine other individual subscribers, signed the insurance…
1Opinion of the Court
Willard Bartlett, Ch. J.
The obligation assumed by the underwriters toward the assured was a several liability. Not only was this expressly declared in the contract of insurance, but the. assumption of any joint liability was distinctly negatived therein. It has been held that the insured under such a contract cannot maintain a single action against all the insurers to recover the aggregate amount of the policy. (Straus v. Hoadley, 23 App. Div. 360.) Reference is made in the brief of the learned counsel for the appellant to the contents of the agreement between the underwriters themselves…
2Cases cited6 opinions
- Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Forsyth v. HammondSupreme Court of the United States · 1897
- Castle v. . NoyesNew York Court of Appeals · 1856
- In Re WoodsSupreme Court of the United States · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Watts v. Swiss Bank Corp.New York Court of Appeals · 1970
- Bomar v. KeyesCourt of Appeals for the Second Circuit · 1947
- Ell Dee Clothing Co. v. MarshNew York Court of Appeals · 1928
- New York State Labor Relations Board v. Holland Laundry, Inc.New York Court of Appeals · 1945
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