Todd v. Union Casualty & Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Union Casualty and Surety Com-' pany, from an interlocutory judgment of the Supreme Court in' favor of the plaintiff, entered in the office of the clerk of the county' of New York on the 30th day of November, 1901, upon the decis-" ion of the court, rendered after a trial at the New York Special' Term, overruling a demurrer to the complaint.
1Opinion of the Court
McLaughlin, J.:
This action is brought to recover the sum of $5,000 under an-, employer’s liability policy of insurance.
The defendant demurred to the complaint, upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled and defendant has appealed.
The complaint, in substance, alleges that at a time specified, a contract of insurance was made between the plaintiff and defendant by which the defendant “ contracted to insure and did insure this plaintiff upon certain terms and conditions in said contract of insurance, specified, * * * against…
2Cases cited3 opinions
- La Chicotte v. Richmond Railway & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Smith v. BrownNew York Supreme Court · 1854
- Crane v. KnubelThe Superior Court of New York City · 1872
3Cited by23 opinions
- Tulare County Power Co. v. Pacific Surety Co.California Court of Appeal · 1919
- Allen v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Jaloff v. United Auto Indemnity ExchangeOregon Supreme Court · 1926
- Epstein v. Mutual Life InsuranceNew York Supreme Court · 1932
- Holskin v. HurwitzAppellate Division of the Supreme Court of the State of New York · 1925
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