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Continental Insurance v. Phenix Insurance

17 N.Y.S. 109 Court N.Y. Gen. Term Decision date 1891-12-31 English

Delivered by Barrett, J.

Contents

Majority

p. 109
Continental Ins. Co. v. Phenix Ins. Co. of Brooklyn.
(Supreme Court, General Term, First Department.
December 31, 1891.)

Headnote

Exceptions from circuit court, Hew York county.
Action by the Continental Insurance Company against the Phenix Insurance Company of Brooklyn. Plaintiff’s exceptions were ordered to be heard in the first instance at general term.
Exceptions overruled.
For former report, see 8 H. Y. Supp. 524.
Argued before Van Brunt, P. J., and Daniels and Barrett, JJ.
Root& Clarice, (Élihu Boot and Samuel B. Clarice, of counsel,) for appellant. Wing, Shoudy & Putnam, (J. A. Shoudy, of counsel,) for respondent.

For the reasons given in the opinion handed down herewith in the case of the same plaintiff against the Ætna Insurance Company of Hartford, Conn., ( 17 N. Y. Supp. 106 ,) the exceptions should be overruled, with costs, and judgment entered accordingly. All concur.