Legal Opinion

Stowell v. Manufacturers & Merchants' Insurance

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1901PublishedCited by 3 opinions

Appeal by the plaintiff, Calvin L. Stowell, and by the defendant, The Manufacturers and Merchants’ Insurance Company of Pittsburgh, Pennsylvania, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the Yth day of November, 1900, upon 'the verdict of a jury for $469.98, rendered by direction of the court after the jury had passed upon the question of damages.

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Appeal by the plaintiff, Calvin L. Stowell, and by the defendant, The Manufacturers and Merchants’ Insurance Company of Pittsburgh, Pennsylvania, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the Yth day of November, 1900, upon 'the verdict of a jury for $469.98, rendered by direction of the court after the jury had passed upon the question of damages. The plaintiff’s appeal was taken upon the ground that the amount of damages awarded him was insufficient.

1Opinion of the Court

.Williams, J.:

The judgment appealed from should be modified by including therein the item of $2,500 damages not covered by the direction of a verdict by the trial court, and as so modified affirmed, with costs of the appeal to the plaintiff.

The action was brought to recover damages for the violation of a contract between the parties, dated June 4,1895, whereby the plaintiff was appointed manager for the defendant to effect insurance, and with authority to appoint sub-agents under him, subject to approval by defendant, in and for New York State (excepting Metropolitan district) and the State…

2Cases cited3 opinions

  1. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  2. Stowell v. . Greenwich Ins. Co.New York Court of Appeals · 1900
  3. Crittenden v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. Merchants' Life Ins. Co. v. GriswoldCourt of Appeals of Texas · 1919
  2. Nash v. Thousand Island Steamboat Co.Appellate Division of the Supreme Court of the State of New York · 1908
  3. Wolfe v. International Fire Ins.District Court, D. Maryland · 1912

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