Hyperlawhypertext legal database Claim of Mearian v. Miscall 266 N.Y. 625

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Claim of Mearian v. Miscall

266 N.Y. 625 Court N.Y. Decision date 1935-03-12 English

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p. 625
In the Matter of the Claim of Lewis R. Mearian, Respondent, against Leonard Miscall, Respondent, and Massachusetts Bonding and Insurance Company, Appellant. State Industrial Board, Respondent.
(Argued February 26, 1935;
decided March 12, 1935.)
p. 626
B. B. Aylesworth for appellant.
John W. MacDonald, Horace E. Whiteside, Simon Rosenzweig and Lloyd L. Rosenthal for Leonard Miscall, respondent.
John J. Bennett, Jr., Attorney-General (John R. O’Hanlon of counsel), for State Industrial Board, respondent,
Abraham W. Feinberg for John Furey, amicus curiœ.

Order of the Appellate Division in so far as appealed from reversed and award of the State Industrial Board as against the insurance Carrier dismissed, with costs in all courts, for the reason that neither Furey nor Durgin had authority to place the insurance, No opinion.

Concur: Crane, Ch. J,, Lehman, O’Brien, Htjbbs, Crotjch, Lohghran and Finch, JJ.