Continental Insurance v. Phoenix Insurance — 51 N.Y. St. Rep. 718

Majority

p. 718

The Continental Insurance Company, App’lt, v. The Phoenix Insurance Company of Brooklyn, Resp’t.1

(Court of Appeals,

Filed April 11, 1893.)

Headnote

Appeal from judgment of the supreme court, general term, first department, overruling plaintiff’s exceptions, and ordering judgment in favor of defendant.

Elihu Root, for app’lt; Joseph A. Shoudy, for resp’t.

This case involves the same question as is decided in the case of the Continental Ins. Co. v. Ætna Ins. Co. of Hartford, Conn., and is decided upon the authority of that case. Judgment reversed, new trial granted, costs to abide the event.

All concur.