Barnum v. . Merchants' Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made April 27, 1882, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. This was an action upon a policy of fire insurance. The material facts are stated in the opinion. The parties to a contract may provide for a shorter time to commence actions thereon than that fixed by statute. (Wilkinson v. F. N. F. Ins.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made April 27, 1882, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. This was an action upon a policy of fire insurance. The material facts are stated in the opinion. The parties to a contract may provide for a shorter time to commence actions thereon than that fixed by statute. (Wilkinson v. F. N. F. Ins. Co., 72 N. Y. 499.) A civil action can only be commenced under the Code by service of a summons, or by what is there stated to be equivalent to such…
1Opinion of the CourtDanforth, J.
The plaintiffs, while doing business in Buffalo, obtained from the defendant a policy of insurance in the sum of $2,500 against loss or damage by fire “ on store, furniture and fixtures,” contained in a certain building in that city, “to be occupied by the assured as a fancy-goods and Yankee-notion store.”
The property was injured by fire on the 4th of June, 1879, and upon suit brought it was established that the liability of the defendant, if any, amounted to $670.25, but the policy contained conditions dividing insurable property into “ not hazardous,” “hazardous,” “extra-hazardous” and…
2Cases cited4 opinions
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Mayor of New York v. Hamilton Fire InsuranceNew York Court of Appeals · 1868
- O'Niel v. . the Buffalo Fire Ins. Co.New York Court of Appeals · 1849
- Pindar v. . the Kings County Ins. Co.New York Court of Appeals · 1867
3Cited by13 opinions
- Allemania Fire Insurance v. PeckIllinois Supreme Court · 1890
- Galloway v. Standard Fire InsuranceWest Virginia Supreme Court · 1898
- Daniel v. PappasCourt of Appeals for the Eighth Circuit · 1926
- Wood v. AllenSupreme Court of Iowa · 1900
- Traders' Insurance v. DobbinsTennessee Supreme Court · 1904
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