Carroll Towing Co. v. Franklin Fire Insurance

Majority

p. 435

Carroll Towing Company, Inc., Respondent, v. Franklin Fire Insurance Company, Appellant.

First Department,

November 17, 1922.

Headnote

See head note in Carroll Towing Co., Inc., v. Ætna Insurance Co. (ante, p. 430).

Appeal by the defendant, Franklin Fire Insurance Company, from a determination of the Appellate Term of the Supreme Court, First Department, entered in the office of the clerk of the county of New York on the 14th day of March, 1922, modifying and, as modified, affirming a judgment of the City Court of the City of New York in favor of the plaintiff.

Bigham, Englar & Jones [George S. Brengle of counsel; D. Roger Englar with him on the brief], for the appellant.

Foley & Martin [George V. A. McCloskey of counsel; William J. Martin with him on the brief], for the respondent.

For the reasons assigned in the opinion in the accompanying case of Carroll Towing Co., Inc., v. Ætna Insurance Co. ( 203 App. Div. 430 ), the determination appealed from should be affirmed, with costs.

Clarke, P. J., Page, Greenbaum and Finch, JJ., concur.

Determination affirmed, with costs.