Kirkpatrick v. Allemannia Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Suffolk County. Action by John J. Kirkpatrick against the Allemannia Fire Insurance Company of Pittsburgh, Pa. From a judgment for defendant and from an order denying a new trial, plaintiff appeals. Affirmed.
1Opinion of the CourtMiller, J.
The plaintiff, as assignee, brings this action against the defendant to, recover on an insurance policy a loss claimed to have been sustained by a corporation, the Abbey Press, from fire, and appeals to this court from a judgment in favor of the defendant, entered upon the verdict of a jury.
The only issue litigated was as to the origin of the fire, the defendant claiming that the fire was caused by the insured for the purpose of defrauding the insurance company. The Abbey Press was a corporation of which one Carlos Martin was president and Charles F. Rideal was treasurer, the two owning all…
2Cases cited2 opinions
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- Sugarman v. BrengelAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by5 opinions
- D. I. Felsenthal Co. v. Northern Assurance Co.Illinois Supreme Court · 1918
- Northern Assurance Co. v. Rachlin Clothes Shop, Inc.Supreme Court of Delaware · 1924
- Meily Co. v. London & Lancashire Fire Ins. Co.Court of Appeals for the Third Circuit · 1906
- Meily Co. v. London & L. Fire Ins.U.S. Circuit Court for the District of Eastern Pennsylvania · 1906
- Freyhan v. KahnAppellate Terms of the Supreme Court of New York · 1916