O'Brien v. Commercial Fire Insurance
The Superior Court of New York City
Appeal by defendant from a judgment, and from an order denying a motion for a new trial. This is one of four actions brought in this court by the plaintiff, to collect four policies of insurance for two thousand five hundred dollars each, by virtue of seven warrants of attachments against E. S. Candler, Jr.* the party insured.
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Appeal by defendant from a judgment, and from an order denying a motion for a new trial. This is one of four actions brought in this court by the plaintiff, to collect four policies of insurance for two thousand five hundred dollars each, by virtue of seven warrants of attachments against E. S. Candler, Jr.* the party insured. The defendant’s answer admits making the policy, but denies knowledge of the fire,' and due notice and proof of loss, and alleges false representation and overvaluation in obtaining the policy, and increase of risk thereafter by leaving the store without protection. The…
1Opinion of the Court
By the Court.—Curtis, J.
That there had been & fire, and that the defendant made the insurance, was shown without dispute at the trial. The defendant claims that the court erred in submitting the question in respect to the proofs of loss to the jury as a question of fact instead of law. The defendant insisted that the plaintiff should have furnished certified copies of all bills and invoices relating to his loss. There was evidence that the papers were burned at the fire. The -court charged that if the jury believed from the evidence that Candler neglected or omitted to furnish, on the written…
2Cases cited2 opinions
- Grim v. Phœnix InsuranceNew York Supreme Court · 1816
- Charles St. John v. American Mutual F. & M. InsuranceThe Superior Court of New York City · 1852