Salomon v. North British & Mercantile Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Morris Salomon, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 30th day of December, 1911, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Laughlin, J.:
The material facts are stated in the first point discussed in the opinion of Mr. Justice McLaughlin, but I am unable to agree with his view of the evidence with respect to the assignment of the plaintiff’s interest to Greenberger and the reassignment thereof to the plaintiff, for no issue with respect thereto was presented by the pleadings, and the point was not *730taken upon the trial, and the assignment and reassignment are not printed in full in the record, doubtless for that reason, and, therefore, it must be assumed that the plaintiff assigned, not merely the bond and mortgage…
2Cases cited2 opinions
- Heilbrunn v. German Alliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
- Heilbrunn v. . German Alliance Insurance Co. of New YorkNew York Court of Appeals · 1911
3Cited by4 opinions
- Tomato Products Co. v. Manufacturers' Liability Insurance of New JerseyAppellate Division of the Supreme Court of the State of New York · 1922
- Miller v. Stuyvesant InsuranceAppellate Division of the Supreme Court of the State of New York · 1928
- G.E. Capital Mortgage Services, Inc. v. DaskalAppellate Division of the Supreme Court of the State of New York · 1995
- Solomon v. North British & Mercantile Ins.Appellate Division of the Supreme Court of the State of New York · 1913