Clausen v. Title Guaranty & Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,' George C. Clausen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of January, 1914, upon the report of a referee appointed to hear and determine the issues, except such part of said judgment as dismisses the first counterclaim interposed in the answer; also an appeal from an order entered in said clerk’s office on the 12th day of January, 1914, granting…
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Appeal by the plaintiff,' George C. Clausen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of January, 1914, upon the report of a referee appointed to hear and determine the issues, except such part of said judgment as dismisses the first counterclaim interposed in the answer; also an appeal from an order entered in said clerk’s office on the 12th day of January, 1914, granting defendant an extra allowance of $1,500. Judgment and order affirmed, with costs, upon the opinion of Hamilton Odell,…
1Opinion of the Court
Present—Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ.; Hotchkiss, J., dissented.
The following is the opinion of the referee:
Hamilton Odell, Referee:
The defendant is a corporation of the State of Pennsylvania, located in Scranton in that State, and during the times *571mentioned in the complaint carried on what is described in the agreements between these parties as a “surety or guaranty insurance business.” From March 2, 1904, to March 2, 1908, the plaintiff had the exclusive general agency for the defendant in the several boroughs of the city of New York and in the county of…
2Cases cited5 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Woolsey v. . FunkeNew York Court of Appeals · 1890
- Catskill National Bank v. DumaryNew York Court of Appeals · 1912
- Webb's Academy v. HiddenAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- L. A. Walden & Co. v. Consolidated UnderwritersMichigan Supreme Court · 1946
- Fireman's Fund Insurance v. Cadillac Insurance Agency, Inc.Michigan Supreme Court · 1935
- Ramseth v. City Agency, Inc.Supreme Court of Minnesota · 1962
- Hamond & Co. v. Risk Specialists Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1994