Ertischek v. New Hampshire Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New Hampshire Fire Insurance Company of Manchester, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of January, 1917, reversing a judgment of the Municipal Court of the City of New York, borough of Manhattan, first district, and ordering a new trial.
1Opinion of the Court
Scott, J.:
The plaintiff sues upon a policy of fire insurance. At the trial in the Municipal Court his complaint was dismissed. On appeal the Appellate Term reversed the judgment of dismissal and ordered a new trial. (98 Misc. Rep. 279.) Defendant appeals to this court. All questions relating to the fact of the loss, the proof thereof and the amount of damage have been eliminated by agreement or concession, leaving open the single question which we are about to consider.
The policy was in the standard form prescribed by law, and contained as one of its conditions the provision that “ This…
2Cases cited3 opinions
- Norfolk Fire Insurance v. TalleySupreme Court of Virginia · 1911
- Westfall v. . the Hudson River Fire Insurance Co.New York Court of Appeals · 1855
- Ertischek v. New Hampshire Fire Insurance of ManchesterAppellate Terms of the Supreme Court of New York · 1917
3Cited by2 opinions
- Packard Manufacturing Co. v. Indiana Lumbermens Mutual InsuranceSupreme Court of Missouri · 1947
- Filardo v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1928