Legal Opinion

Porter v. . Traders' Ins. Co.

New York Court of Appeals

Decided November 20, 1900PublishedCited by 37 opinions

Appeal from, a judgment of the Supreme Court, entered October 3, 1898, upon an order of the Appellate Division in the fourth judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial, and directing judgment for plaintiff upon a verdict directed by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from, a judgment of the Supreme Court, entered October 3, 1898, upon an order of the Appellate Division in the fourth judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial, and directing judgment for plaintiff upon a verdict directed by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The policy constitutes the contract between the parties, and all the terms and agreements therein contained must be enforced. (Hicks v.…

1Opinion of the CourtO’Brien, J.

This was an action on a policy of fire insurance issued by the defendant on the 7th day of August, 1896, to the firm of Sloan & Cowles, then owners of the steamer William Ha/rrison, whereby it insured that vessel against loss or damage by fire in the sum of $2,500. It was totally destroyed by fire on the seventh day of October following, and subsequently the interest of the insured in the policy was assigned to the plaintiff. At the trial both parties moved for the direction of a verdict, and the court made a direction for the plaintiff for the amount claimed, and ordered the defendant’s…

2Cases cited7 opinions

  1. McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
  2. Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
  3. Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
  4. Gray v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1899
  5. Sergent v. Liverpool & London & Globe InsuranceNew York Court of Appeals · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1981
  2. Conroy v. Commercial Cas. Ins. Co.Supreme Court of Pennsylvania · 1928
  3. Ausch v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
  4. Hickman v. London Assurance Corp.California Supreme Court · 1920
  5. Humphrey v. National Fire Ins. Co. of HartfordTexas Commission of Appeals · 1921

32 more not listed; retrieve them via the Exa API.

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