Clarkson v. Western Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Western Assurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 21st day of October, 1897, upon the decision of the court rendered after a trial at the Erie Equity Term, and also from an order entered in said clerk’s office on the 14th day of October, 1897, denying the defendant’s motion for a new trial of the issues directed to be tried by a, jiiry and…
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Appeal by the defendant, The Western Assurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 21st day of October, 1897, upon the decision of the court rendered after a trial at the Erie Equity Term, and also from an order entered in said clerk’s office on the 14th day of October, 1897, denying the defendant’s motion for a new trial of the issues directed to be tried by a, jiiry and its motion to set aside the verdict rendered by the jury. In December, 1890, Charles H. Blakeslee and Melville F. Brown of…
1Opinion of the Court
Adams, J.:
This case appears to have been twice tried. Upon the first trial a verdict was directed in favor of the defendant, which was set aside by the General Term and a new trial ordered.
Several of the questions which are involved in the present appeal were litigated upon the former trial and adjudicated by the General Term when the case was in that court for review. It was there contended by the defendant, as it is now, that the plaintiffs were not 'entitled.. to recover, for the reason that, in the application for insurance by the assured, it was .represented that the vessel was laid up ”…
2Cases cited5 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Gates v. . the Madison Co. Mutual Ins. Co.New York Court of Appeals · 1851
- Clarkson v. Western Assurance Co.New York Supreme Court · 1895
- Skinner v. NormanAppellate Division of the Supreme Court of the State of New York · 1897
- Watson v. DelafieldNew York Supreme Court · 1807
3Cited by2 opinions
- Blair v. National Security Ins. Co.Court of Appeals for the Third Circuit · 1942
- Stecker v. American Home Fire Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1948