McArdle v. . German Alliance Ins. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1904, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting 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 an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1904, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The sole question presented upon this appeal is whether upon the facts found by the trial court its conclusions of law are correct. (Code Civ. Pro. § 1338; Spence v. Ham, 163 N. Y. 220; Clason v. Baldwin, 152 N. Y. 204; Smith v. Weston, 159 N.…
1Opinion of the Court
Cullen, Ch. J.
On January 3rd, 1899, the plaintiff was the owner of certain lands in the county of Albany on which his tenant, one White, had erected an ice house. On that day the defendant issued a policy insuring White against loss or damage to said ice house by fire in the sum of $2,000, loss if any payable to the plaintiff as his interest might appear. The policy was in the standard form prescribed by the insurance department and provided that no suit or action should be maintained thereon unless brought within twelve months next after the fire. On May 27th of that year the ice house was…
2Cases cited2 opinions
- National Protective Ass'n of Steam Fitters & Helpers v. CummingNew York Court of Appeals · 1902
- Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
3Cited by2 opinions
- Rego Building Corp. v. Maryland Casualty Co.City of New York Municipal Court · 1934
- Kavanaugh v. KavanaughAppellate Division of the Supreme Court of the State of New York · 2021