Preston v. Ætna Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Yeryl Preston, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of November, 1905, upon the report of a referee, dismissing the complaint upon the merits.
1Opinion of the Court
Ingraham, J.:
The plaintiff was the owner of an automobile valued at $16,000, on which the defendant issued a policy of insurance by which the plaintiff was insured for one year, from the 10th day of October, 1901, “ against all direct loss or damage by fire, except as hereinafter provided to an amount not exceeding Sixty-five hundred dollars,” providing that “ It is understood and agreed that this policy does not cover loss or damage caused by fire originating within the vehicle.” The referee found the issuing of the policy; that the plaintiff was the owner of the automobile; that. on the…
2Cases cited4 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- Devitt v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Devitt v. . Providence Washington Ins. Co.New York Court of Appeals · 1902
3Cited by1 opinion
- Preston v. Union Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1907