Gerard v. Cowperthwait
New York Court of Common Pleas
Appeal from special term. Action by James W. Gerard against Frank H. Cowperthwait to recover damages for a breach of contract. From an order denying a motion for a new trial, made after a verdict directed for plaintiff by the court, defendant appeals. Affirmed.
1Opinion of the CourtBookstaver, J.
This action was brought upon a bond given by the appellant, which, after the formal parts, recited that one William Boswell was indebted to the respondentinthesum of §40,000 and upwards, and that, in order to secure the payment of that sum, Boswell had applied for a policy of insurance to the Equitable Life Assurance Society for §40,000, payable on his death to the respondent; and further recited that “whereas, the above-bounden Frank H. Cowperthwait has agreed and does hereby agree, in consideration of the sum of one dollar to him in hand paid, the receipt whereof is hereby acknowledged, to…
2Cases cited32 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Thomas v. . ScuttNew York Court of Appeals · 1891
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
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3Cited by7 opinions
- Sturmdorf v. SaundersAppellate Division of the Supreme Court of the State of New York · 1907
- Conlew, Inc. v. KaufmannNew York Court of Appeals · 1936
- Reiss v. Usona Shirt Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Hutzler v. RichterAppellate Division of the Supreme Court of the State of New York · 1897
- Pucci v. BarneyNew York Court of Common Pleas · 1893
2 more not listed; retrieve them via the Exa API.