Sewell v. Home Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert Y. Y. Sewell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of ¡Nassau on the 22d day of June, 1908, upon the verdict of a jury rendered by direction of the court after a trial at the ¡¡Nassau Trial Term.
1Opinion of the Court
Jenks, J.:
The plaintiff appeals from his judgment for $111, admitted by answer to be, due and tendered by an offer of judgment.. The *132action is to recover $5,111 upon a fire insurance policy that covered real and personal property. The defense is a change “ in the interest, title and possession ” of the realty against an avoiding provision in the policy. At the close of the evidence the defendant moved for a direction of a verdict for the plaintiff for $111, and the plaintiff moved for a direction for the full amount of his claim. The court granted the plaintiff’s motion under section 1185 of…
2Cases cited10 opinions
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Miller v. . BallNew York Court of Appeals · 1876
- Brighton Beach Racing Ass'n v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1906
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3Cited by4 opinions
- Ingersoll v. OdendahlSupreme Court of Minnesota · 1917
- Glessner v. Neshannock Mutual Fire InsuranceSupreme Court of Pennsylvania · 1938
- Point Gratiot Sand v. Hartford Fire InsuranceNew York Supreme Court · 1912
- Reilly v. BMK Inc., Civil Court Of The City Of New York, Queens County2025