Starbuck v. Phenix Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Matilda E. Starbuck and others, executors of William H. Starbuck, deceased, against the Phenix Insurance Company of Brooklyn. From a judgment on a verdict for plaintiffs, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
This case has been twice before the appellate division (10 App. Div. 198, 41 N. Y. Supp. 901; 19 App. Div. 139, 45 N. Y. Supp. 995), upon substantially similar evidence, and it is not therefore necessary to rehearse again the facts as they were disclosed upon the trial. The learned court upon the last trial of the case, in its charge, laid down some general rules of law, and stated some contentions upon the part of the defendant, but seems to have failed to instruct the jury as to the application of these general rules of law to the case at bar, and also to have omitted to inform the jury as…
2Cases cited3 opinions
- Van Wickle v. Mechanics & Traders' InsuranceNew York Court of Appeals · 1884
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Plummer v. Insurance Co. of North AmericaSupreme Judicial Court of Maine · 1915
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1900