Keeney v. . Home Insurance Company
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, sustaining defendant’s exceptions, setting aside a verdict in favor of plaintiff, and granting a now trial. The nature of the action and the facts are sufficiently set forth in the opinion. At the close of the evidence on the trial, the defendant's counsel moved to dismiss the complaint, which was denied, and said counsel duly excepted.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, sustaining defendant’s exceptions, setting aside a verdict in favor of plaintiff, and granting a now trial. The nature of the action and the facts are sufficiently set forth in the opinion. At the close of the evidence on the trial, the defendant's counsel moved to dismiss the complaint, which was denied, and said counsel duly excepted. The court offered to submit any question of fact in the case to the jury, but said counsel claimed that all questions should bo disposed of by the court as the facts…
1Opinion of the CourtAndrews, J.
This action is brought by Abner C. Keeney, as receiver of the firm of Keeney and Clarke, upon a policy of insurance issued by the defendant to that firm, covering machinery, tools, fixtures, engine, boiler, and appurtenances and stock, used in their business as manufacturers of bathtubs and boilers, contained in the brick building and extensions Nos. 637 and 639 West Forty-Sixth street, New York city. The firm was composed of Abner C. Keeney, Benjamin F. Clarke and Eliza A. Carroll. The policy was issued January 5, 1871, for one year, and contains a condition that if the insured property be…
2Cases cited1 opinion
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
3Cited by63 opinions
- Propper v. ClarkSupreme Court of the United States · 1949
- Decker v. . GardnerNew York Court of Appeals · 1891
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Zittman v. McGrathSupreme Court of the United States · 1951
- State Mut. Ins. Co. v. GreenSupreme Court of Oklahoma · 1915
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