Unterberg v. . Elder
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 27, 1912, which reversed a determination of the Appellate Term reversing a judgment of the Municipal Court of the city of New York in favor of plaintiff and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 27, 1912, which reversed a determination of the Appellate Term reversing a judgment of the Municipal Court of the city of New York in favor of plaintiff and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The power of attorney introduced in evidence was a joint power given to three individuals, viz., Charles E. Ring, John A. Fiske and Jefferson D. Bremer. (Hawley v. Keeler, 53 N. Y. 114, 121; Martine…
1Opinion of the CourtCardozo, J.
The plaintiff sues upon a Lloyds policy of fire insurance. He says that the defendant is liable as an underwriter. The policy was signed in behalf of' the underwriters by Jefferson ,D. Bremer and Charles E. Bing, as attorneys in fact. The power of attorney under which they assumed to act ran to Jefferson D. Bremer, Charles E. Bing and John A. Fiske. The question is whether the power has been well executed when but two of the three agents have concurred in issuing the policy.
The plaintiff, to prove his case, put in evidence the power of attorney by which the three agents were appointed. He put…
2Cases cited5 opinions
- Williams v. . BarkleyNew York Court of Appeals · 1900
- Green v. MillerNew York Supreme Court · 1810
- Hawley v. . KeelerNew York Court of Appeals · 1873
- Martine v. International Life Insurance Society of LondonNew York Court of Appeals · 1873
- Kind v. BarryAppellate Terms of the Supreme Court of New York · 1910
3Cited by10 opinions
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- Dorsey v. StrandWashington Supreme Court · 1944
- The First National Bank of Beaver, Oklahoma v. Mac J. Hough and Leona B. HoughCourt of Appeals for the First Circuit · 1981
- Keough v. KittlemanWashington Supreme Court · 1968
- HSBC Bank USA, N.A. v. DecaudinAppellate Division of the Supreme Court of the State of New York · 2008
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