Nelson v. Traders' Insurance Co. of Chicago, Ill.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 21, 1903, sustaining defendant’s exceptions ordered to be heard in the first instance by the Appellate Division after a verdict in favor of plaintiffs directed by the court and granting a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 21, 1903, sustaining defendant’s exceptions ordered to be heard in the first instance by the Appellate Division after a verdict in favor of plaintiffs directed by the court and granting a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The rule contended for by the defendant will be given all of the efficacy and force which it is intended to have if it shall be held to apply, as between the plaintiffs and the…
1Opinion of the CourtGray, J.
The policy of fire insurance, upon which the plaintiffs sue, was issued by the defendant in the New York standard form and covered a stock of goods in a store and basement occupied by them, in the village of Seneca Falls, in this state. The defense made to the suit was that the insurance had ceased, by reason of the fall of the building, prior to the breaking out of the fire. The facts are-not in dispute and but a question of law is raised. The plaintiffs’ premises were in a part of a brick building; the four exterior walls of which were of brick. The interior of the building was subdivided…
2Cases cited1 opinion
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
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- Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
- University City, Mo. v. Home Fire & Marine Ins. Co.Court of Appeals for the Eighth Circuit · 1940
- Union Central Relief Ass'n v. JohnsonSupreme Court of Alabama · 1916
- Preston v. . Aetna Insurance Co.New York Court of Appeals · 1908
- Cummings v. Pennsylvania Fire InsuranceSupreme Court of Iowa · 1912
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