Ketchum v. Belding
Appellate Terms of the Supreme Court of New York
Appeal from judgment and order of the General Term of the City Court of the city of New York, affirming a judgment rendered at Trial Term.
1Opinion of the CourtO’Gorman, J.
This action is brought upon a Lloyds insurance policy, issued in behalf of fifteen underwriters by their attorneys in fact. The plaintiff sues the defendant, one of the underwriters, for his proportionate amount of the alleged loss, *507without having first sued the attorneys in fact, as required by the terms of the policy. Under its provisions no cause of action could accrue against the individual underwriters until a suit had first been brought against the attorneys in fact of the underwriters, judgment obtained in such action and execution issued thereon against the trust funds in the hands of…
2Cases cited3 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Conant v. JonesAppellate Division of the Supreme Court of the State of New York · 1900
- Lowrey v. BatesAppellate Terms of the Supreme Court of New York · 1899