Blackstone v. The Alemannia Fire Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, in favor of plaintiff, rendered upon a case submitted under section 372 of the Code. The question submitted was as to the extent of the liability of defendant upon a policy of re-insurance issued by it to the North American Fire Insurance Company, of which company plaintiff was receiver.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, in favor of plaintiff, rendered upon a case submitted under section 372 of the Code. The question submitted was as to the extent of the liability of defendant upon a policy of re-insurance issued by it to the North American Fire Insurance Company, of which company plaintiff was receiver. The facts submitted were, in substance, these: On the 5th August, 1871, the North American Fire Insurance Company issued a policy to D. W. & A. Keith & Co., for $5,000, upon a stock of goods. On the same…
1Opinion of the CourtJohnson, J.
In the case of Hone v. The Mutual Safety Insurance Co. (1 Sandf. Sup, C. R., 137), it was adjudged that under a contract of re-insurance, the extent of the liability of the re-insurer was not affected by the insolvency of the re-assured, nor by its inability to fulfill its own contract with the original insured. This proposition was maintained by Mr. Justice Sandfobd, giving the judgment of the Superior Court of New York, in a careful and learned opinion, thoroughly setting forth the reasons on which the decision rested and the authorities supporting it. This judgment was affirmed in the…
2Cases cited1 opinion
- The Mutual Safety Ins. Co. v. . HoneNew York Court of Appeals · 1849
3Cited by1 opinion
- McCullom v. Black Hawk CountySupreme Court of Iowa · 1866