Appellate Division of the Supreme Court of New York, 1938

Zurich General Accident & Liability Insurance v. Bethlehem Steel Co.

Zurich General Accident & Liability Insurance v. Bethlehem Steel Co.
Appellate Division of the Supreme Court of New York · Decided June 17, 1938 · Callahan, Cohn, Gen, Ins, Lackawanna, Ltd, Malley, Misc, Nom, Townley, Untermyer
254 A.D. 839; 6 N.Y.S.2d 139; 1938 N.Y. App. Div. LEXIS 7881
Zurich General Accident & Liability Insurance v. Bethlehem Steel Co.

Opinion of the Court

Untermyer, J.

(dissenting in part). I dissent in part and vote to reverse the order and judgment ' appealed from in so far as they limit the plaintiff’s recovery, and grant judgment for the relief demanded in the complaint, for the reasons stated by Judge Hand in the opinion of the Circuit Court of Appeals, Second Circuit, in Anglo-Continentale Treuhand A. G., v. St. Louis Southwestern Ry. Co. (81 F. [2d] 11; certiorari denied Henwood, Trustee v. Anglo-Continentale Treuhand A. G., 298 U. S. 655). In addition, in our opinion, the prior judgments are res adjudícala as to those coupons now sued on which were detached from the forty bonds involved in the prior suits.

Callahan, J., concurs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.