Legal Opinion

Rose v. Schinasi

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 1915PublishedCited by 1 opinion

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Hotchkiss, J. :

Plaintiff was an insurance broker and at the request of one Sullivan procured fifteen policies of fire insurance on premises *94owned by Sullivan, loss, if any, payable to this defendant, who held a mortgage on the premises for $200,000. Plaintiff delivered the original policies to the defendant and the duplicates to Sullivan or his agents. Of the total premiums paid for the policies plaintiff himself paid $981.57. On May 20, 1914, the insured premises were injured by fire, and at plaintiff’s request defendant delivered the policies to plaintiff “for the purpose of having the said…

2Cases cited3 opinions

  1. Seth Spring & Sons v. South Carolina InsuranceSupreme Court of the United States · 1823
  2. Tolhurst v. . PowersNew York Court of Appeals · 1892
  3. Sharp v. WhippleThe Superior Court of New York City · 1857

3Cited by1 opinion

  1. Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc.District Court, S.D. New York · 1924

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