Legal Opinion

Bini v. . Smith

New York Court of Appeals

Decided November 28, 1899PublishedCited by 2 opinions

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 31, 1899, reversing a judgment in favor of defendant entered upon a dismissal of the complaint in an action tried by the court without a jury, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There is no question that the Court of Appeals can review upon this appeal.

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1Opinion of the CourtHaight, J.

This action was brought upon a policy of insurance. The defense was based chiefly upon the ground that the policy was issued without the authority of the defendant and without consideration. The trial court found as a fact that the policy was procured and delivered to the plaintiff by one Alden, an insurance broker; that he was the agent of the plaintiff and not of the defendant, and that the premium paid to him was never turned over to the manager of the defendant. The Appellate Division reversed the judgment, both upon the law and upon the facts, and granted a new trial.

This court has…

2Cases cited3 opinions

Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
Health Department v. . DassoriNew York Court of Appeals · 1899

3Cited by2 opinions

C. A. Smith Lumber Co. v. Colonial Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1916
In Re the Administration of the Estate of MosherNew York Court of Appeals · 1906