East Side Garage, Inc. v. New Brunswick Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, East Side Garage, Inc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Rensselaer on the 25th day of February, 1921, upon the dismissal of the complaint by direction of the court at the opening of the case.
1Opinion of the Court
Cochrane, J.:
The complaint was dismissed at the trial on the complaint and opening and before any evidence was received. The opening is not included in the record. The question, therefore, is as to the sufficiency of the complaint.
The action is brought on a policy of insurance issued by the respondent to the defendant Mason on an automobile owned by him insuring him against loss by fire or theft. The automobile was destroyed by fire after the policy was issued. The plaintiff had a claim against Mason for the unpaid purchase price of the automobile and the policy contained a provision that the…
2Cases cited9 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Poole v. the Travelers Ins. Co.Supreme Court of Florida · 1937
- Sinincrope v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1923
- Schleimer v. Empire Mutual InsuranceAppellate Terms of the Supreme Court of New York · 1972
- American Fidelity Fire Insurance v. PardoNew York Supreme Court · 1968
- Carusone v. American Colony InsuranceNew York Supreme Court · 1930
2 more not listed; retrieve them via the Exa API.