Sands v. . Graves
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 1 T. & C., 13.) This action was brought upon a promissory note for $700, given by the firm of F. L. Sheldon & Co., of which firm defendants were the members, upon effecting an insurance with the .¿Etna Insurance Company of Utica.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 1 T. & C., 13.) This action was brought upon a promissory note for $700, given by the firm of F. L. Sheldon & Co., of which firm defendants were the members, upon effecting an insurance with the .¿Etna Insurance Company of Utica. The policy was issued November 29, 1851, and ran for one year. The following facts were substantially found by the referee: That said company was incorporated in 1851, under…
1Opinion of the CourtGrover, J.
When this case was heard and determined by the Commission of Appeals, no attempt was made to sustain the judgment which had been recovered by the plaintiff upon the assessment made by Eames, the predecessor of the plaintiff in the receivership. It is now insisted by the counsel for the respondent that the present judgment should be upheld upon that ground irrespective of the validity of the assessment made by the plaintiff. An answer to this position is, that the judgment is for the entire face of the note, while the assessment made by Eames was for only fifty per cent thereof, and there was…
2Cases cited3 opinions
- Cooper v. ShaverNew York Supreme Court · 1862
- Sands v. . LilienthalNew York Court of Appeals · 1871
- Sands v. . SandersNew York Court of Appeals · 1863
3Cited by1 opinion
- Schmidt v. German Mutual InsuranceIndiana Court of Appeals · 1892