Hartigan v. . Casualty Co. of America
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 3, 1917, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of'the action and the facts, so far as material, are stated in the opinion. The contract of insurance indemnified only the firm of Hartigan & Dwyer.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 3, 1917, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of'the action and the facts, so far as material, are stated in the opinion. The contract of insurance indemnified only the firm of Hartigan & Dwyer. The insurer contemplated only the risk incident to the use of the automobile by that firm, and cannot be held to have contemplated any other or greater hazard. (Cornell v. Travelers’ Ins. Co., 175 N.…
1Opinion of the CourtPound, J.
Defendant issued an automobile liability policy insuring “ Hartigan & Dwyer, No. 85-91 Congress St., Troy, Rensselaer County, New York, Department store merchant,” against “ loss and expense by reason of claims made upon the assured ” by reason of accidents suffered by any person by reason of “ the ownership, maintenance or use ” of a delivery automobile described in the policy. Hartigan & Dwyer is a copartnership composed of Maurice H. Hartigan and Joseph E. Dwyer. The copartnership of Hartigan, Dwyer & O’Brien consists of the same individuals as the firm of Hartigan & Dwyer and one John J.…
2Cases cited4 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- In Re the Accounting of PeckNew York Court of Appeals · 1912
- Jones v. . BlunNew York Court of Appeals · 1895
- Bank of Buffalo v. . ThompsonNew York Court of Appeals · 1890
3Cited by69 opinions
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- Hugo Boss Fashions, Inc. & Hugo Boss Usa, Inc., Plaintiffs-Appellees-Cross-Appellants v. Federal Insurance Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2001
- Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
- Sullins v. Allstate InsuranceCourt of Appeals of Maryland · 1995
- General Phoenix Corp. v. CabotNew York Court of Appeals · 1949
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