O'Brien v. The Mechanics and Traders' Fire Insurance
New York Court of Appeals
Appeal from the judgment of the General Term of the Superior Court of the city of Hew York, in favor of defendant, and entered upon an order denying a motion .for a new trial and affirming the decision of the court at Special Term, dismissing plaintiff’s complaint.
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Appeal from the judgment of the General Term of the Superior Court of the city of Hew York, in favor of defendant, and entered upon an order denying a motion .for a new trial and affirming the decision of the court at Special Term, dismissing plaintiff’s complaint. This was an action brought by plaintiff, as sheriff of the city and county of Hew York, to collect the amount of a policy of insurance alleged to be due and owing by defendant, to one E. S. Candler, Jr., which plaintiff claimed to have levied upon by virtue of various warrants .of attachment against said Candler. Certified copies…
1Opinion of the CourtAllen, J.
The plaintiff was turned out of court and his complaint dismissed solely upon the ground that the attachments had never been levied upon the claim in contention, and that for want of such levy the plaintiff had no title to the same, and was not entitled to maintain an action for its recovery. Two other grounds were suggested by the defendant in his application to dismiss the complaint, but neither were considered or passed upon by the court, and neither can be said, even if decided adversely to the plaintiff upon the case as made upon the trial, to be conclusive upon the right of the…
2Cases cited3 opinions
- Clarke v. . GoodridgeNew York Court of Appeals · 1869
- Kuhlman v. OrserThe Superior Court of New York City · 1856
- Drake v. GoodridgeNew York Supreme Court · 1869