Woolverton v. . Fidelity Casualty Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new I rial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging the jury that the knowledge of Sparks was not the ■ knowledge of the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new I rial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging the jury that the knowledge of Sparks was not the ■ knowledge of the plaintiff. (Henry v. Allen, 151 N. Y. 1; Story on Agency, § 140; Benedict v. Arnoux, 154 N. Y. 715 ; Hyatt v. Clark, 118 N. Y. 563; Ingalls v. Morgan, 10 N. Y. 178; Reinhard…
1Opinion of the Court
Cullen, Ch. J.
The action is brought on an employer’s liability insurance policy whereby the Flew York Transfer Company, a joint stock association, of which the plaintiff is president, was indemnified against liability for injuries to persons or property resulting from any accident caused by the horses or vehicles of the insured in the transportation of goods or freight. The controversy arises under the following provision of the policy-: “The assured, upon the occurrence of an accident and also upon receiving information of a. claim on account of an accident, shall give immediate notice in…
2Cases cited5 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Mandell v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1898
- Woolverton v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Woolverton v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by40 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- White v. City of New YorkNew York Court of Appeals · 1993
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Paramount Insurance v. Rosedale Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Texas Glass & Paint Co. v. Fidelity & Deposit Co. of MarylandTexas Commission of Appeals · 1922
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