DeLong v. Massachusetts Fire & Marine Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*761Memorandum. The jury in this case found upon sufficient evidence that the taking of the automobile was not with felonious intent. In the case of Van Vechten v. American Eagle Fire Insurance Co. (239 N. Y. 303) it was a material element that felonious intent could not be found as a fact. We see no occasion for deciding that the situation held to have been existing when Judge Cardozo wrote the opinion in the Van Vechten ease has been changed by lapse of-time or other circumstances. The definition of a word or phrase by the court is entitled to great weight until a different definition is…
2Cases cited4 opinions
- Van Vechten v. American Eagle Fire InsuranceNew York Court of Appeals · 1925
- Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
- Utica City National Bank v. GunnNew York Court of Appeals · 1918
- Lamb v. . Norcross Brothers Co.New York Court of Appeals · 1913
3Cited by4 opinions
- Pennsylvania Indemnity Fire Corp. v. AldridgeCourt of Appeals for the D.C. Circuit · 1941
- Merl v. Standard InsuranceNew York Supreme Court · 1940
- Associates Discount Corp. v. Insurance of North AmericaCivil Court of the City of New York · 1967
- Pioneer Credit Corp. v. San MiguelAppellate Division of the Supreme Court of the State of New York · 1949