Legal Opinion

Landusky v. Beirne

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

Decided July 1, 1903PublishedCited by 7 opinions

Appeal by the defendant, Edward 0. Beirne, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 8th day of February, 1902, upon the decision of the court, rendered after a trial at the Orange Special Term.

1Opinion of the Court

Willard Bartlett, J.:

According to the testimony of the plaintiff, the defendant, who was doing business as an insurance agent and broker in Port Jervis in the autumn of 1899, undertook, for the sum of seven dollars and ninety cents premium, which the plaintiff then paid to him, to obtain insurance upon the plaintiff’s house at Greeley, Penn., by a good policy in a very good company. The defendant, in fact, procured and delivered to the plaintiff a policy purporting to be executed by an Illinois company, which had no authority to do business either in Pennsylvania or in New York. The insured…

2Cases cited2 opinions

  1. Burges v. JacksonAppellate Division of the Supreme Court of the State of New York · 1897
  2. Shepard v. DavisAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by7 opinions

  1. Bruckmann, Rosser, Sherrill & Co.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Spiegel v. Metropolitan Life InsuranceNew York Court of Appeals · 1959
  3. Scharles v. N. Hubbard Jr. & Co.Appellate Terms of the Supreme Court of New York · 1911
  4. Long Island Lighting Co. v. Steel Derrick Barge "FSC 99"Court of Appeals for the Second Circuit · 1984
  5. Murphy v. Frank B. Hall & Co.Appellate Division of the Supreme Court of the State of New York · 1930

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