Barry v. Prescott Insurance
New York Supreme Court
Motion by the plaintiff for new trial on exceptions taken at the Ontario Circuit, and ordered to be heard at the General Term in first instance.
1Opinion of the Court
Bradley, J.:
On the 24th day of May, 1879, the defendant insured the plaintiff against loss or damage by fire, $400 on a dwelling-house occupied by her .and a tenant, and $100 on furniture, etc., for the term of three years. The policy contained a provision that if the premises should “become vacant or unoccupiéd and so remain with the knowledge *602of the assured without notice to and consent of this company in writing * * * ' this policy shall be void.” The building and contents were destroyed by fire on the 8th day of April, 1881. The trial court held that there was a breach of the condition,…
2Cases cited11 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Ashworth v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
- Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
6 more not listed; retrieve them via the Exa API.