Danzilio v. Fidelity Mutual Life Insurance

Appellate Division of the Supreme Court of New York

Danzilio v. Fidelity Mutual Life Insurance

241 A.D. 821

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

DecidedApril 15, 1934

StatusPublished

This text of 241 A.D. 821 (Danzilio v. Fidelity Mutual Life 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

Danzilio v. Fidelity Mutual Life Insurance, 241 A.D. 821 (N.Y. Ct. App. 1934).

Pincite

Opinion

Judgment and amended judgment reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. Appeal from order resettling findings dismissed. The plaintiff is entitled to an accounting for the limited period ensuing after Wallis had resigned and the defendant had made direct payments to date upon a showing by plaintiff of money actually due and owing from the defendant. Collateral or oral agreements, aside from the contractual relationship, between Wallis and the plaintiff should not be included within the scope of the accounting between these parties. Findings inconsistent with this decision are reversed. Lazansky, P. J., Kapper, Hagarty, Carswell and Scudder, JJ., concur. Settle order on notice.

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Judgment and amended judgment reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. Appeal from order resettling findings dismissed. The plaintiff is entitled to an accounting for the limited period ensuing after Wallis had resigned and the defendant had made direct payments to date upon a showing by plaintiff of money actually due and owing from the defendant. Collateral or oral agreements, aside from the contractual relationship, between Wallis and the plaintiff should not be included within the scope of the accounting between these parties. Findings inconsistent with this decision are reversed. Lazansky, P. J., Kapper, Hagarty, Carswell and Scudder, JJ., concur. Settle order on notice.

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Bluebook (online)

241 A.D. 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/danzilio-v-fidelity-mutual-life-insurance-nyappdiv-1934.