Legal Opinion
Burke v. . Continental Ins. Co. of the City of New York
New York Court of Appeals
Decided March 13, 1906PublishedCited by 4 opinions
Appeal. The fact that certain points made upon the argument of a case in the Court of Appeals are not discussed in the opinion of the court upon the decision thereof does not warrant the conclusion that they were overlooked.
1Per curiam
Our opinion- reversing the judgments below rested on the single point that the Independent Company was vested with the title and entire insurable interest in this property in case of loss by fire; that it was its duty under the express provisions of the agreement to take out the policy of insurance in its name, the Cunningham Company paying the premiums.
The plaintiff bases this motion for re-argument on the ground that the court overlooked the fourth finding of fact, which reads as follows:
“ That after said contract was entered into, and before the fire hereinafter referred to, L. Springer…
2Cited by4 opinions
- Noonan v. SheridanCourt of Appeals of Kentucky (pre-1976) · 1929
- Otto v. PhillipsCourt of Appeals of Kentucky (pre-1976) · 1956
- Leybold v. Fox Butte Theater Corp.Montana Supreme Court · 1936
- Medical Bldg. of Houston v. HallCourt of Appeals of Texas · 1951