Unterberg v. Elder
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment in-favor of plaintiff, entered in the Municipal Court of the city of Hew York, borough of Manhattan, fifth district, after a trial by the court without a jury.
1Opinion of the CourtBijur, J.
This action is brought to recover a loss on a policy of insurance alleged to have been issued by defendant in pursuance of authority — a power of attorney — given by defendant.
The instrument provided that the underwriters, of whom defendant was one, should be bound by a judgment rendered in an action against the attorneys, whom it required to be first sued before the underwriters could be held. The power of attorney appointed three persons, King, Fisk and Bremer, as attorneys. The action, the judgment-roll of which was introduced in evidence, was brought against Bremer and Fisk alone, it…
2Cases cited1 opinion
- Kind v. BarryAppellate Terms of the Supreme Court of New York · 1910
3Cited by1 opinion
- Unterberg v. ElderAppellate Division of the Supreme Court of the State of New York · 1912