O'Neil v. Franklin Fire Insurance of Philadelphia
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Franklin Fire Insurance Company of Philadelphia, Pennsylvania, from a judgment of the Supreme Court in favor of the defendant Daniel Crimmins, entered in the office of the clerk of the county of Herkimer on the 22d day of January, 1913, upon the decision of the court after a trial before the court without a jury, with notice of intention to bring up for review certain preliminary objections made at the opening of the trial.
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Appeal by the defendant, Franklin Fire Insurance Company of Philadelphia, Pennsylvania, from a judgment of the Supreme Court in favor of the defendant Daniel Crimmins, entered in the office of the clerk of the county of Herkimer on the 22d day of January, 1913, upon the decision of the court after a trial before the court without a jury, with notice of intention to bring up for review certain preliminary objections made at the opening of the trial. Defendant Crimmins has recovered a judgment against defendant Franklin Fire Insurance Company for $1,000 and $90.80 interest and $79 costs upon a…
1Opinion of the Court
Foote, J.:
If there was an irregularity in the entry of the judgment in plaintiff’s favor before the issues as between the two defendants were disposed of, we think the remedy of the appellant was to move at Special Term to set aside plaintiff’s judgment as prematurely entered, and that is not a ground for reversal of the judgment appealed from.
We are also of opinion that defendant Crimmins was a necessary party to this action, and that it was proper practice for him to assert his claim -under the policy in suit against defendant insurance company by his answer in this action, and that such…
2Cases cited8 opinions
- Hayden v. . PierceNew York Court of Appeals · 1895
- Lewis v. Guardian Fire & Life Assurance Co. of London, EnglandNew York Court of Appeals · 1905
- 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
- McDowell v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Frontier Mortgage Corp. v. HeftCourt of Appeals of Maryland · 1924
- Reed v. Federal InsuranceNew York Court of Appeals · 1988
- Bowers Co. v. London Assurance Corp.Superior Court of Pennsylvania · 1926
- Brumel v. Hartford Fire InsuranceCity of New York Municipal Court · 1936
- Young Men's Lyceum of Tarrytown v. National Ben Franklin Fire Insurance of PittsburghAppellate Division of the Supreme Court of the State of New York · 1917
15 more not listed; retrieve them via the Exa API.