Locomobile Co. of America v. Nichols
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edwin Nichols, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 19th day of November, 1914, affirming a judgment of the City Court of the City of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 13th day of June, 1914, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Scott, J.:
This action is for moneys had and received. In March, 1908, two automobiles belonging to plaintiff were destroyed while in transit on the International and Great Northern Railway Company with a resultant loss of $3,553. Plaintiff was also protected to the extent of $2,139 by a policy of insurance by the Columbia Insurance Company. The latter company paid tho amount for which it was liable to plaintiff, receiving from the latter a paper, which assumed some importance in the trial of the case, and was known as Exhibit B. This paper reads as follows: “In consideration of your advancing…
2Cases cited6 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Komp v. . RaymondNew York Court of Appeals · 1903
- Mance v. . HossingtonNew York Court of Appeals · 1912
- McKay v. MyersMassachusetts Supreme Judicial Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ashton v. SkeenUtah Supreme Court · 1935
- In re the Examination in Supplementary Proceedings of RileyAppellate Division of the Supreme Court of the State of New York · 1943
- Factors Fire Insurance v. WhildenNew York Supreme Court · 1915