Corbett v. Spring Garden Insurance
New York Supreme Court
Appeal from circuit court, New York county. Action by Otis Corbett against the Spring Garden Insurance Company on a fire insurance policy. Prom a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed. This is an action upon a policy insuring the plaintiff against loss and damage by fire on his lease of a building.
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Appeal from circuit court, New York county. Action by Otis Corbett against the Spring Garden Insurance Company on a fire insurance policy. Prom a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed. This is an action upon a policy insuring the plaintiff against loss and damage by fire on his lease of a building. It provided as follows: “It is a condition of this insurance that, in case of such destruction by fire of the above-named premises that the lease held by the assured shall be by its terms and in fact…
1Opinion of the CourtO’Brien, J.
Upon the trial the plaintiff insisted that the building as a building had ceased to exist by reason of the ñre, and that in consequence the insurance company was liable. On the other hand, the defendant contended that because the building was worth a large sum, and a considerably smaller sum was expended in restoration, it was not liable because there was not total destruction; and again upon this appeal the defendant insists that the contract of insurance was enforceable only in the event of the “total destruction” of the premises, and that upon the evidence no total destruction, within the…
2Cases cited2 opinions
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- Huck v. Globe InsuranceMassachusetts Supreme Judicial Court · 1879
3Cited by4 opinions
- Liverpool & London & Globe Insurance v. HeckmanSupreme Court of Kansas · 1902
- Corbett v. Spring Garden InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- General Outdoor Advertising Co. v. WilsonAppellate Division of the Supreme Court of the State of New York · 1949
- Peterson v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1904