Steinbach v. . Relief Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing the complaint on trial on the opening of plaintiff’s counsel. (Reported below, 12 Hun, 641.) This action was brought to reform a policy of fire insurance, issued by defendant to plaintiff, and to recover upon it as reformed.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing the complaint on trial on the opening of plaintiff’s counsel. (Reported below, 12 Hun, 641.) This action was brought to reform a policy of fire insurance, issued by defendant to plaintiff, and to recover upon it as reformed. The facts appear sufficiently in the opinion.) The fact that plaintiff had brought an action upon the policy as it is, and was defeated, is no reason why the policy should not be reformed. (Sanger v.…
1Opinion of the CourtEarl, J.
In October, 1865, the defendant, a hiew York corporation, issued to the plaintiff at Baltimore, Maryland, a policy of insurance against fire on his “ stock of fancy goods, toys, and other articles in his line of business, contained in his store, occupied by him as a German jobber and importer.” The policy contained a provision that if the assured should use the premises “ for the storing or keeping therein articles, goods or merchandize hazardous, or extra hazardous, or specially hazardous, in the second class of hazards annexed to the policy,” during the time of such use the policy should be…
2Cases cited3 opinions
- Washburn v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1873
- Steinbach v. . La Fayette Fire Ins. Co.New York Court of Appeals · 1873
- Gregory v. BurrallNew York Court of Chancery · 1835
3Cited by31 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Rowell v. SmithWisconsin Supreme Court · 1905
- Royal Insurance v. StewartIndiana Supreme Court · 1921
- Thomas v. JoslinSupreme Court of Minnesota · 1886
- Pomponio v. LarsenSupreme Court of Colorado · 1926
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