Ladd v. . Insurance Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made July 8, 1893, which reversed a judgment in favor of defendant entered upon a verdict directed by the court and granted 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 order of the General Term of the Supreme Court in the third judicial department, made July 8, 1893, which reversed a judgment in favor of defendant entered upon a verdict directed by the court and granted a new trial. The,nature of the action and the facts, so far as material, ■are stated in the opinion. Under the condition of the ■policy rendering the same void if the subject of insurance be a manufacturing establishment, and it cease to be operated for more than ten consecutive days, there Avas no question whatever to submit to the jury. (Lovell Co. v. Houghton, 116 N. Y. 529;…
1Opinion of the Court
Bartlett, ,J.
This action was brought to recover on a policy of insurance covering a frame water-power, saw-mill' building and machinery contained therein. The policy was issued to plaintiffs as owners of the property, and ran for one year from February 26tb, 1891; the property was totally destroyed by fire January 9th, 1892.
On June 29th, 1891, the plaintiffs entered into a written contract to sell the property to King and Trusliaw, and the latter at once entered into possession and occupancy and operated the property, as plaintiffs claim, until its destruction by fire.
On the 30th of June,…
2Cases cited3 opinions
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Whitney v. . Black River Insurance CompanyNew York Court of Appeals · 1878
- Weil v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1890
3Cited by17 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Hoyt v. WrightAppellate Division of the Supreme Court of the State of New York · 1932
- Jennings v. WhitneyMassachusetts Supreme Judicial Court · 1916
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