Associated Indemnity Corp. v. Chais

Appellate Terms of the Supreme Court of New York

Associated Indemnity Corp. v. Chais

161 Misc. 763, 293 N.Y.S. 280, 1936 N.Y. Misc. LEXIS 1637

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 23, 1936

StatusPublished

This text of 161 Misc. 763 (Associated Indemnity Corp. v. Chais) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Associated Indemnity Corp. v. Chais, 161 Misc. 763, 293 N.Y.S. 280, 1936 N.Y. Misc. LEXIS 1637 (N.Y. Ct. App. 1936).

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Opinion

Per Curiam.

We are of the opinion that section 55-b of the Insurance Law was not intended to be restricted to policies thereafter written. We are also satisfied that the application of that section to the present case does not violate any constitutional right of the judgment creditor. (State of Louisiana v. Mayor, 109 U. S. 285; Freeland v. Williams, 131 id. 405; Miller v. Schloss, 218 N. Y. 400.)

Order of April 30, 1936, so far as appealed from, reversed, and motion granted; order of May 25, 1936, reversed, and motion denied, with ten dollars costs and disbursements. Costs and disbursements to be applied upon the judgment.

All concur. Present — Lydon, Levy and Hammer, JJ.

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Per Curiam.

We are of the opinion that section 55-b of the Insurance Law was not intended to be restricted to policies thereafter written. We are also satisfied that the application of that section to the present case does not violate any constitutional right of the judgment creditor. (State of Louisiana v. Mayor, 109 U. S. 285; Freeland v. Williams, 131 id. 405; Miller v. Schloss, 218 N. Y. 400.)

Order of April 30, 1936, so far as appealed from, reversed, and motion granted; order of May 25, 1936, reversed, and motion denied, with ten dollars costs and disbursements. Costs and disbursements to be applied upon the judgment.

All concur. Present — Lydon, Levy and Hammer, JJ.

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Bluebook (online)

161 Misc. 763, 293 N.Y.S. 280, 1936 N.Y. Misc. LEXIS 1637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/associated-indemnity-corp-v-chais-nyappterm-1936.

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