Fitzgerald v. Atlanta Home Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Atlanta Home Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 29th day of October, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of October, 1900, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Atlanta Home Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 29th day of October, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of October, 1900, denying the defendant’s motion for a new trial made upon the minutes. In the year 1895 one Michael Fitzgerald, the husband of the plaintiff, erected a brewery building on lands owned by him at Hoosick Falls, N. Y., and placed in it machinery and appliances for…
1Opinion of the Court
Chase, J.:
The. appellant challenges the ownership by the plaintiff of the property insured and states many other grounds why it claims that the plaintiff is not entitled to recover herein. In this opinion we shall only consider the nature of the property insured, and of the mortgages thereon, and whether the plaintiff, in stating in her proofs of loss that the property insured was not incumbered, made a false statement within the meaning of the part of the policy relating thereto. Included in the property insured were packing cases, bottles and casks. The evidence shows that there were at the…
2Cases cited9 opinions
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Pratt v. . D.H.M.F. Ins. Co.New York Court of Appeals · 1891
- Tyson v. . PostNew York Court of Appeals · 1888
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3Cited by5 opinions
- Deitsch Textiles, Inc. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1984
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- In re the Judicial Settlement of the Account of MunsonNew York Surrogate's Court · 1911
- Miller v. GibbsAppellate Division of the Supreme Court of the State of New York · 1905
- Vucci v. North British & Mercantile InsuranceAppellate Terms of the Supreme Court of New York · 1904