Legal Opinion

Hardware Mut. Casualty Co. v. Mason-Moore-Tracy, Inc.

District Court, S.D. New York

Decided March 30, 1951PublishedCited by 3 opinions

1Opinion of the Court

S. H. KAUFMAN, District Judge.

This is an action for a declaratory judgment to determine the liability of plaintiff-insurer, a Wisconsin corporation, under a policy of insurance issued to defendant, a New York corporation. There is also a cross action by the insured for damages arising from an alleged breach of the contract of insurance. Jurisdiction is based on diversity of citizenship. 28 U.S.C.A. § 1332(a) (1).

The facts, briefly stated, are these: Plaintiff issued to defendant a “Manufacturer’s and Contractor’s” liability policy numbered 328140. During the period of coverage, defendant…

2Cases cited5 opinions

  1. Lee v. Aetna Casualty & Surety CoCourt of Appeals for the Second Circuit · 1949
  2. Secor v. . SturgisNew York Court of Appeals · 1858
  3. Plumbing v. Merchants Mutual Casualty Co.City of New York Municipal Court · 1949
  4. Manko v. City of BuffaloNew York Court of Appeals · 1945
  5. Hartmann v. American Mercury, Inc.New York Supreme Court · 1945

3Cited by3 opinions

  1. Kipka v. Chicago & Northwestern Railway CompanyDistrict Court, D. Minnesota · 1968
  2. Youghiogheny & Ohio Coal Co. v. Employers' Liability Assur. Corp.District Court, D. Minnesota · 1953
  3. Fitzsimmons v. United States Fire InsuranceNew York Supreme Court · 1959

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