Capwell v. Fish

28 N.Y. Sup. Ct. 410 Court N.Y. Gen. Term English

Judges Smith, J., not sitting.

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Majority

p. 410

FRANKLIN W. CAPWELL, Appellant, v. CHARLES E. FISH, Assignee, etc., Respondent, Impleaded, etc.

Judgment affirmed, with costs of the appeal on the opinion of the. trial judge. Held, that the judgment dismissing the complaint is not a bar to the plaintiff’s right to enforce his lien on the policy, nor to his right to a reimbursement out of the money received by the assignee under the policy.

Smith, J., not sitting.