First National Insurance Co. of America v. Lerner

Appellate Division of the Supreme Court of New York

First National Insurance Co. of America v. Lerner

242 A.D. 850

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

DecidedNovember 15, 1934

StatusPublished

Cited by1 cases

This text of 242 A.D. 850 (First National Insurance Co. of America v. Lerner) 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.

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First National Insurance Co. of America v. Lerner, 242 A.D. 850 (N.Y. Ct. App. 1934).

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Opinion

[851]*851Order in interpleader action permitting plaintiff to pay a portion of a judgment recovered by an assignee of the insured into court, discharging plaintiff from further liability and directing the defendants to serve answers on each other, affirmed, with ten dollars costs and disbursements. The defendants are directed to serve their answers within twenty days after the entry of the order herein. The insured had, prior to the assignment of its loss, assigned to the adjusters a fee of four per cent of the amount recovered on account of loss; and the adjusters made claim to that amount in the hands of the insurer. It appears that the assignee of the loss had knowledge of this assignment. The plaintiff was entitled to interpleader and the order was properly granted. We are not called upon on this appeal to pass on the validity or merit of the claim of the defendant corporation and express no opinion in that respect. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur. [See ante, p. 848.]

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[851]*851Order in interpleader action permitting plaintiff to pay a portion of a judgment recovered by an assignee of the insured into court, discharging plaintiff from further liability and directing the defendants to serve answers on each other, affirmed, with ten dollars costs and disbursements. The defendants are directed to serve their answers within twenty days after the entry of the order herein. The insured had, prior to the assignment of its loss, assigned to the adjusters a fee of four per cent of the amount recovered on account of loss; and the adjusters made claim to that amount in the hands of the insurer. It appears that the assignee of the loss had knowledge of this assignment. The plaintiff was entitled to interpleader and the order was properly granted. We are not called upon on this appeal to pass on the validity or merit of the claim of the defendant corporation and express no opinion in that respect. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur. [See ante, p. 848.]

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242 A.D. 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-insurance-co-of-america-v-lerner-nyappdiv-1934.

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