Richard Deeves & Son v. Manhattan Life Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for 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 from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1907, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Nothing in the phraseology of the fifth clause of the contract militates against defendant appellant’s claim that plaintiff respondent failed to prove a cause of action or sustains the latter’s proposition that defendant has no defense to this…
1Opinion of the CourtChase, J.
The parties to this action entered into a written contract January 2, 1902, upon which this action is brought. The party of the first part in said contract is the defendant appellant, and the party of the second part therein is the plaintiff respondent. The contract is too long to justify our quoting it in full, but the questions discussed on this appeal depend to such an extent upon its construction that it .is necessary to refer to many of its terms and to quote several of its provisions, which we do in the order in which they are contained in the contract.
It provides: “First. The said…
2Cases cited10 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Dunn v. . SteubingNew York Court of Appeals · 1890
- Vassear v. . LivingstonNew York Court of Appeals · 1855
- Rice v. . GrangeNew York Court of Appeals · 1892
- General Electric Co. v. National Contracting Co.New York Court of Appeals · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- McGovern v. . City of New YorkNew York Court of Appeals · 1923
- Seibert v. . DunnNew York Court of Appeals · 1915
- General Supply & Construction Co. v. GoeletNew York Court of Appeals · 1925
- Farr v. Hain S. S. Co.Court of Appeals for the Second Circuit · 1941
- Peuser v. . MarshNew York Court of Appeals · 1916
44 more not listed; retrieve them via the Exa API.