Birnbaum v. Jamestown Mutual Insurance

Appellate Division of the Supreme Court of New York

Birnbaum v. Jamestown Mutual Insurance

276 A.D.2d 906

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 3, 1950

StatusPublished

This text of 276 A.D.2d 906 (Birnbaum v. Jamestown Mutual Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Birnbaum v. Jamestown Mutual Insurance, 276 A.D.2d 906 (N.Y. Ct. App. 1950).

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Opinion

Ho opinion. Holán, P. J., Johnston and Sneed, JJ., concur; Adel, J., with whom MacCrate, J., concurs, dissents and votes to reverse the judgment and grant a new trial, with the following memorandum: It was error to hold, as matter of law, that the language of the policy was not ambiguous, and to exclude the evidence offered by the defendant that would have aided the jury in construing the policy. (Birnbaum v. Jamestown Mut. Ins. Co., 298 N. Y. 305.)

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Ho opinion. Holán, P. J., Johnston and Sneed, JJ., concur; Adel, J., with whom MacCrate, J., concurs, dissents and votes to reverse the judgment and grant a new trial, with the following memorandum: It was error to hold, as matter of law, that the language of the policy was not ambiguous, and to exclude the evidence offered by the defendant that would have aided the jury in construing the policy. (Birnbaum v. Jamestown Mut. Ins. Co., 298 N. Y. 305.)

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Bluebook (online)

276 A.D.2d 906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birnbaum-v-jamestown-mutual-insurance-nyappdiv-1950.

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