McManus v. Western Assurance Co.
New York Supreme Court
Action to recover on a policy of fire insurance. Motion on the minutes to set aside a verdict for plaintiff and for a new trial.
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Action to recover on a policy of fire insurance. Motion on the minutes to set aside a verdict for plaintiff and for a new trial. The complaint alleges the insurance of the plaintiff by the .defendant by its policy* issued to her to the extent of $5,000 on household furniture- and other personal property; its destruction and damage by fire to' a greater amount than the said sum on March 29, 1896; that on April 9,, 1896, the plaintiff duly served proofs of loss on the defendant; and then generally, “ that she hás complied with all the other conditions of the said policy on her part.” The answer…
1Opinion of the Court
Gaynor, J.:
There is a question of pleading. Compliance by the plaintiff with each of the provisions of the policy for the furnishing of proofs of loss, and for the ascertainment of the amount of loss by agreement or by appraisal, was a condition precedent to plaintiff’s right of action; and by the terms. of the policy*the company had sixty days after such compliance within which to pay. It follows that it was for the plaintiff to plead and prove such compliance.. Under common law pleading it was necessary for the plaintiff to particularly plead each condition precedent, and . compliance…
2Cases cited17 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
- St. Paul Fire Marine Ins. Co. v. MittendorfSupreme Court of Oklahoma · 1909
- Globe & Rutgers Ins. Co. of New York v. Prairie Oil & Gas Co.Court of Appeals for the Second Circuit · 1917
- Kent v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- von Hagen v. Waterbury Manufacturing Co.New York Supreme Court · 1898
7 more not listed; retrieve them via the Exa API.