Lamb v. . Norcross Brothers Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 16, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erroneously directed a verdict for the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 16, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erroneously directed a verdict for the plaintiff. (Henry & Co. v. Talcott, 175 N. Y. 385; People v. Most, 171 N. Y. 423; Rochester & Pittsburgh Coal & Iron Co. v. Flint Co., 84 N. Y. Supp. 369; Reich v. Dyer, 180 N. Y. 107; Boyd v. Brotherson, 10 Wend. 92; Shillito v. Reineking, 30 Hun, 345.) It was…
1Opinion of the CourtCollin, J.
The plaintiff, a domestic corporation, seeks to recover from the defendant, a foreign corporation, the amount the plaintiff paid in discharge of judgments recovered against it by Bay Tompkins. At the commencement of the action in which the judgments were recovered the plaintiff gave The Norcross Brothers Company, the appellant here, notice and opportunity to defend the action and of its claim to indemnity from it against any judgment Tompkins might recover. The Norcross Brothers Company did not assume the defense. Tompkins secured a judgment which was affirmed in the Appellate Division…
2Cases cited10 opinions
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- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
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