Legal Opinion

Witherstine v. Employers' Liability Assurance Corp.

New York Court of Appeals

Decided March 6, 1923PublishedCited by 37 opinions

1Opinion of the CourtPound, J.

This is an action to recover upon a policy of automobile liability insurance issued to Charles Dunn, which provides that in case the assured becomes insolvent a person injured by him may maintain an action thereon, subject to its terms. On the 27th of July, 1919, Dunn’s car, occupied by himself, his wife, two small children and a friend, Albert Ridell, collided with an automobile owned and operated by the plaintiff Witherstine. Witherstine brought an action against Dunn and Ridell to recover damages for his personal injuries and the injury to his car, and obtained a verdict of $4,500 against…

2Cases cited7 opinions

  1. Hartigan v. . Casualty Co. of AmericaNew York Court of Appeals · 1919
  2. Houlihan v. . Preferred Accident Ins. Co.New York Court of Appeals · 1909
  3. Preston v. . Aetna Insurance Co.New York Court of Appeals · 1908
  4. Gallenkamp v. Garvin Machine Co.Appellate Division of the Supreme Court of the State of New York · 1904
  5. Gallenkamp v. . Garvin Machine CompanyNew York Court of Appeals · 1904

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3Cited by37 opinions

  1. Arcara v. MoresseNew York Court of Appeals · 1932
  2. Souza v. CortiCalifornia Supreme Court · 1943
  3. Schaffer v. Mill Owners Mutual InsuranceOregon Supreme Court · 1965
  4. O'Tier v. SellNew York Court of Appeals · 1930
  5. Feitelberg v. MatusonCity of New York Municipal Court · 1925

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