White v. Maryland Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Maryland Casualty Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county, of Kings on'the 14th day of January, 1910, upon the decision of the court, rendered after a trial at the Kings County- Trial Term, overrilling a demurrer to the amended complaint.
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Appeal by the defendant, The Maryland Casualty Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county, of Kings on'the 14th day of January, 1910, upon the decision of the court, rendered after a trial at the Kings County- Trial Term, overrilling a demurrer to the amended complaint. The. amended complaint alleges that on the 13th day of April, 1903, the defendant issued a policy of insurance by which, it 'undeiv. took and agreed, to indemnify John C. Orr & Co., a copartnership composed of the plaintiffs Bichard…
1Opinion of the Court
Rich, J.:
I do not see how under the allegations of the amended complaint the plaintiff, The John 0. Orr Company, can be held to be a proper party to this action. That company was not in existence when the *183policy of insurance was issued, nor for more - than a year after it expired. There is no allegation in the complaint that any rights or interest in the policy, or in the claim of the members of the' copartnership thereunder, was ever acquired by the John C. Orr Company, and it has been held that a policy of indemnity cannot be assigned without the consent of the insurer. (Lett v. Guardian…
2Cases cited6 opinions
- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- Allen v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Winne v. . Niagara Fire Ins. Co.New York Court of Appeals · 1883
- Lett v. Guardian Fire InsuranceNew York Court of Appeals · 1890
- Havana City Railway Co. v. CeballosAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Feuer v. Menkes Feuer, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- Yoselowitz v. Peoples Bakery, Inc.Supreme Court of Minnesota · 1938
- Kromback v. KillianAppellate Division of the Supreme Court of the State of New York · 1925
- Traders' & General Ins. Co. v. EmmertCourt of Appeals of Texas · 1934
- Brassil v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1911
1 more not listed; retrieve them via the Exa API.