Legal Opinion

Robert v. Trader's Insurance

New York Supreme Court

Decided December 15, 1836PublishedCited by 9 opinions

Error from the supreme court. A suit was brought in the name of Robert in the superior court of the city of New-York. against the Traders’Insurance company, on three fire policies bearing date 5th June, 1827, whereby certain buildings were insured for the term of five years.

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Error from the supreme court. A suit was brought in the name of Robert in the superior court of the city of New-York. against the Traders’Insurance company, on three fire policies bearing date 5th June, 1827, whereby certain buildings were insured for the term of five years. On the day of the date of the policies, Robert with the assent of the insurance company, assigned the policies to Francis Bolton, to whom he was indebted in the sum of §5,500, and which he had secured by a mortgage to Bolton upon the buildings insured, and the lots upon which the same were erected. Two of the buildings,…

1Opinion of the Court

The following opinion was delivered:

By Senator Edwards. Both parties have submitted to the correctness of the judgment of affirmance of the supreme court, and as neither of them has brought a writ of error upon that judgment, it can not now be reviewed by this court. We are to consider it what the records of the supreme court showed it to be, a valid judgment in the name of Thomas Robert against the Traders’ Insurance Company, before it was vacated by the order of the supreme court. Was then the judgment of the supreme court in [634] granting the order at the special term correct?

It is…

2Cases cited2 opinions

  1. Wardell v. EdenNew York Supreme Court · 1801
  2. Remsen v. IsaacsNew York Supreme Court · 1803

3Cited by9 opinions

  1. Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
  2. The Buffalo Steam Engine Works v. . the Sun Mut. Ins. Co.New York Court of Appeals · 1858
  3. Mallory v. Norton & ScottNew York Supreme Court · 1856
  4. Illinois Mutual Fire Insurance v. FixIllinois Supreme Court · 1870
  5. Boynton v. Clinton & Essex Mutual InsuranceNew York Supreme Court · 1853

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