Legal Opinion · Dissent

Phillips v. United States Fidelity & Guaranty Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1922Published

Appeal by the defendant, United States Fidelity and Guaranty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 13th day of July, 1921, upon the decision of an official referee appointed to hear and determine the issues.

1Dissent

Kiley, J. (dissenting):

On the 13th day of November, 1918, the National Surety Company issued its undertaking, bond or policy of insurance to the New York National. Insurance Company in the penal sum of $50,000. On the 16th day of December, 1918, the same company issued its undertaking, bond or policy to the Seneca Fire Insurance Company in the penal sum of $100,000. On the 26th day of May, 1919, the Maryland Casualty Company issued its undertaking, bond or policy to the Seneca Fire Insurance Company in the penal sum of $100,000. On the 2d day of June, 1919, the United Fidelity Guaranty…

2Cases cited11 opinions

  1. American Surety Company v. PaulySupreme Court of the United States · 1898
  2. Benedict v. . ArnouxNew York Court of Appeals · 1898
  3. Henry v. . AllenNew York Court of Appeals · 1896
  4. Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
  5. Lopez v. . CampbellNew York Court of Appeals · 1900

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