Electric Boat Co. v. Howey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Electric Boat Company, from so much of an order, of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the- county of New York on the 13th day of Hay, 1904, as amends the clerk’s minutes of the trial of this action by inserting the words “ upon the merits ’’ in the entry reciting that the complaint was dismissed, and by inserting the same words in the judgment entered in favor of the defendant.
1Opinion of the Court
Laughlin, J.:
The action is Upon an insurance policy to recover a loss sustained by fire. The answer interposed as a defense a provision of the policy showing that it was issued upon the understanding and agreement that the rate of premium paid to defendant was the highest ate paid to any company on the same risk at the time of the issuance of the policy and alleged that the plaintiff was at that time paying a higher rate for insurance on the same property to other companies.
The issues were brought to trial before the court and a jury. It was admitted that plaintiff had other insurance on the…
2Cases cited1 opinion
- Electric Boat Co. v. HoweyAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
- Fuller v. Bradley Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Shaul v. Fidelity & Deposit Co.New York Supreme Court · 1928
- Boice v. JonesAppellate Division of the Supreme Court of the State of New York · 1905
- Troughton v. Digmore Holding Co.New York Supreme Court · 1919
- Progressive Construction & Leasing Co. v. SayreAppellate Division of the Supreme Court of the State of New York · 1916