Westchester Fire Insurance Co. of New York v. Biltz

Nevada Supreme Court

Westchester Fire Insurance Co. of New York v. Biltz

64 P.2d 1048, 57 Nev. 388, 1937 Nev. LEXIS 11

CourtNevada Supreme Court

DecidedFebruary 6, 1937

Docket3155

StatusPublished

Cited by1 cases

This text of 64 P.2d 1048 (Westchester Fire Insurance Co. of New York v. Biltz) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Westchester Fire Insurance Co. of New York v. Biltz, 64 P.2d 1048, 57 Nev. 388, 1937 Nev. LEXIS 11 (Neb. 1937).

Pincite

Opinion

By the Court,

Ducker, J.:

The issues in this action and in action No. 3154, in which Agricultural Insurance Company of Watertown, N. Y., a corporation, is appellant, and Norman Biltz is respondent, 64 P. (2d) 1042, decided in this court on this date, are identical save as to the amount of the insurance policies involved. They were consolidated and tried as one. In the instant case, judgment was entered for plaintiff that he recover from defendant the sum of $3,000 damages (the amount of the policy) with interest thereon at legal rate from April 6, 1935, the date of award.

The actions were heard as one on appeal and it was stipulated that a separate decision should be rendered in each case.

Therefore, on the authority of said Agricultural Insurance Company of Watertown, N. Y., a corporation v. Norman Biltz (Nev.) 64 P. (2d) 1042, No. 3154, it is ordered that that part of the judgment herein allowing interest from April 6, 1935, is modified so as to allow interest at 7 percent per annum from date of judgment.

It is further ordered that the costs in this case be retaxed by the trial court on the basis ordered in the companion case mentioned.

*389 The judgment as so modified and the order denying the defendant’s motion for a new trial are affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court,

Ducker, J.:

The issues in this action and in action No. 3154, in which Agricultural Insurance Company of Watertown, N. Y., a corporation, is appellant, and Norman Biltz is respondent, 64 P. (2d) 1042, decided in this court on this date, are identical save as to the amount of the insurance policies involved. They were consolidated and tried as one. In the instant case, judgment was entered for plaintiff that he recover from defendant the sum of $3,000 damages (the amount of the policy) with interest thereon at legal rate from April 6, 1935, the date of award.

The actions were heard as one on appeal and it was stipulated that a separate decision should be rendered in each case.

Therefore, on the authority of said Agricultural Insurance Company of Watertown, N. Y., a corporation v. Norman Biltz (Nev.) 64 P. (2d) 1042, No. 3154, it is ordered that that part of the judgment herein allowing interest from April 6, 1935, is modified so as to allow interest at 7 percent per annum from date of judgment.

It is further ordered that the costs in this case be retaxed by the trial court on the basis ordered in the companion case mentioned.

*389 The judgment as so modified and the order denying the defendant’s motion for a new trial are affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

64 P.2d 1048, 57 Nev. 388, 1937 Nev. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westchester-fire-insurance-co-of-new-york-v-biltz-nev-1937.

Opinion

Related

Cite This Page — Counsel Stack