Home Insurance v. Continental Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Home Insurance Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the :22d day of January, 1903, upon the report of a referee. The judgment, while in form in favor of the plaintiffs, was virtually a judgment in favor of the defendant.
1Opinion of the Court
_ MoLaughlin, J.:
There have been two trials of this- action. On the first the plain" tiff's had a judgment for the amount claimed, but on defendant’s appeal the same was reversed and a new trial ordered (62 App. Div. 63). The second trial resulted in a judgment substantially as contended for by the defendant, from which the plaintiffs have now appealed.
The facts are substantially the same as those presented on the former appeal. They are set out at length in the opinion then delivered, and it is, therefore, unnecessary to restate them. On the former appeal this court held that, by the terms…
2Cases cited2 opinions
- The Mutual Safety Ins. Co. v. . HoneNew York Court of Appeals · 1849
- Home Insurance v. Continental InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Massachusetts Bonding & Insurance v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1918