Starbuck v. Phenix Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Phenix Insurance Company of Brooklyn, N. Y., 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 7th day of February, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of January, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Van Brunt, P. J.:
This case has been twice before the Appellate Division (10 App. Div. 198 ; 19 id. 139) upon substantially similar evidence, and it is. not, therefore, necessary to rehearse again the facts as they were disclosed upon the trial. The learned court- upon the last trial of the case in its charge laid down some general rules of law and stated some contentions upon the part of the defendant, but seems to have" failed to instruct the jury as to the application of these general rules of law to the case at bar, and also to have omitted to inform, the jury as to what should-be the…
2Cases cited2 opinions
- Van Wickle v. Mechanics & Traders' InsuranceNew York Court of Appeals · 1884
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1900