Brassil v. Maryland Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Maryland Casualty Company, from a 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 18th day of February, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of February, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The plaintiff has recovered a judgment for the reasonable expenses incurred by him in prosecuting to a successful issue two actions brought against him, the defense of which the defendant undertook and assumed up to a certain point, and then abandoned and refused to proceed further with. The defendant appeals. The facts are not in dispute.
The plaintiff, a manufacturer, held an accident indemnity policy issued by the defendant by which it undertook to indemnify him for a term of three years “ against loss from common law or statutory liability” for damages for bodily injuries…
2Cases cited5 opinions
- Mills v. . ParkhurstNew York Court of Appeals · 1891
- Cornell v. . Travelers' Ins. Co.New York Court of Appeals · 1903
- Creem v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Philadelphia, Wilmington & Baltimore Railroad v. ShipleyCourt of Appeals of Maryland · 1890
- White v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by14 opinions
- William M. Moore Construction Co. v. United States Fidelity & Guarantee Co.New York Court of Appeals · 1944
- Murphy & Co. v. Manufacturers' Casualty Co.Superior Court of Pennsylvania · 1926
- New York Consolidated Railroad v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1920
- Mayor, Lane & Co. v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1915
- Rosenbloom v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1912
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