Leinkauf v. . Calman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 10, 1886, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 10, 1886, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought originally against Louis Monrose and John Mulville, of Mew York city, agents of the La Confiance Fire Insurance Company of France, to recover a sum of money alleged to have been placed in their hands to pay to plaintiff a loss covered by a policy of insurance issued by it. Plaintiff, a banker of Mobile, Alabama, loaned to the Mobile Furniture…
1Opinion of the CourtGray, J.
The appellants opposed the plaintiff’s right to recover the moneys in the insurance agent’s hands, which represented the balance of the sum at which the loss under the policy was adjusted, on several grounds, but there are only two which are material to he considered here. They say that the policy of insurance and the assignment thereof were not sufficiently proved, and that the mortgage to plaintiff was void for defective execution.
As to the first of these grounds of objection to the recovery, we think the appellants have misapprehended their situation in the matter, relatively to the…
2Cases cited4 opinions
- Hooker v. . Eagle Bank of RochesterNew York Court of Appeals · 1864
- Moss v. . AverellNew York Court of Appeals · 1853
- Danforth v. President of the Schoharie & Duanesburgh Turnpike RoadNew York Supreme Court · 1815
- Trustees of St. Mary's Church v. CaggerNew York Supreme Court · 1849
3Cited by9 opinions
- Box v. LanierTennessee Supreme Court · 1903
- Key ex rel. Heaton v. Continental InsuranceMissouri Court of Appeals · 1903
- Specialties Development Corp. v. C-O-Two Fire Equipment Co.Court of Appeals for the Third Circuit · 1953
- Cornell v. Mutual Life InsuranceMissouri Court of Appeals · 1914
- Potvin v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1916
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