Newport Improvement Co. v. Home Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1897, affirming a judgment in favor of defendant entered upon a dismissal of the complaint 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 Appellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1897, affirming a judgment in favor of defendant entered upon a dismissal of the complaint 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 condition of the policy that it should be void, if mechanics should be employed in building, altering or repairing the premises therein described for more than fifteen days at any one time, was not broken by the insured. (Rann v. Home Ins. Co., 59 N. Y. 387;…
1Opinion of the CourtBartlett, J.
The plaintiff seeks to recover in this action
the sum of two thousand dollars and interest upon a policy of insurance, issued by the defendant, on a knitting mill, the property of the plaintiff, in the village of Newport, N. Y. This policy was issued on the 4th of January, 1895, for the term of one year. The premises were destroyed by fire on the night of October 17th, 1895.
The defendant denies liability under the policy by reason of certain alleged acts of the plaintiff which rendered it void.
The policy contained this provision, among others: “ This entire policy, unless otherwise provided by…
2Cases cited1 opinion
- Mack v. . Rochester German Ins. Co.New York Court of Appeals · 1887
3Cited by5 opinions
- Norwaysz v. Thuringia InsuranceIllinois Supreme Court · 1903
- Garrebrant v. Continental InsuranceSupreme Court of New Jersey · 1907
- Thuringia Insurance v. NorwayszAppellate Court of Illinois · 1902
- German Ins. v. HearneCourt of Appeals for the Third Circuit · 1902
- Krantz v. Piedmont Fire InsuranceCity of New York Municipal Court · 1949