Jones v. . Howard Ins. Co. of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the May Term, 1887, which affirmed a judgment in favor of plaintiff, entered on a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. Defendant’s motion for a nonsuit should have been granted. (Savage v. H. Ins. Co., 52 N. Y. 502; S. F. and M. Ins.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the May Term, 1887, which affirmed a judgment in favor of plaintiff, entered on a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. Defendant’s motion for a nonsuit should have been granted. (Savage v. H. Ins. Co., 52 N. Y. 502; S. F. and M. Ins. Co. v. Allen, 43 id. 394; Appleby v. A. F. Ins. Co., 54 id. 258; Foot v. A. L. Ins. Co., 61 id. 575; Blossom v. Ins. Co., 64 id.…
1Opinion of the CourtFikch, J.
This action was upon a policy of insurance against loss by fire, and was defended mainly on the ground that the assured himself was the incendiary. The issue of fact thus raised was decided in his favor, and there remained only certain technical defenses which have thus far been overruled, and which furnish the questions on this appeal.
One ground upon which the defendant’s motion for a non-suit was rested is again urged as a reason for reversal. It is that a condition precedent to a recovery was violated in that lamps were filled with kerosene in the evenings and by artificial light. The…
2Cases cited1 opinion
- Keeney v. . Home Insurance CompanyNew York Court of Appeals · 1877
3Cited by6 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- McElroy v. John Hancock Mutual Life InsuranceCourt of Appeals of Maryland · 1898
- Sentinel Fire Insurance v. McRobertsCourt of Appeals of Georgia · 1934
- Grogan v. United States Industrial InsuranceNew York Supreme Court · 1895
- Swofford Bros. Dry Goods Co. v. American Central InsuranceMissouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.