Legal Opinion

McLean v. East River Insurance

The Superior Court of New York City

Decided December 15, 1861PublishedCited by 2 opinions

Motion to refer the cause to a Referee for trial. The nature of the case is stated in the opinion.

1Opinion of the CourtRobertson, J.

This is a motion for a reference in an action on a policy of insurance on stock and machinery in a factory. It is founded upon an affidavit showing that there are over two hundred articles whose loss is set out in the plaintiff’s claim, whose value is contested by the defendants; that he was insured in seven different companies ; that the trial will require the attendance of many witnesses; and will take a long time and cannot be had with fairness before a Jury. Part of the defense is fraud on the part of the insured.

The right of referring a cause against the consent of both parties, depends…

2Cases cited7 opinions

  1. Dederick's Administrators v. RichleyNew York Supreme Court · 1838
  2. Tmomas v. ReabNew York Supreme Court · 1830
  3. Silmser v. RedfieldNew York Supreme Court · 1837
  4. Samble v. Mechanics' Fire InsuranceThe Superior Court of New York City · 1829
  5. Levy v. Brooklyn Fire InsuranceNew York Supreme Court · 1841

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869
  2. Ross v. Mayor of New YorkThe Superior Court of New York City · 1866

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