Standard Oil Co. v. . Triumph Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon a decision of the court on trial without a jury. (Reported below, 3 Hun, 591; 5 T. & 0., 300.) This action was upon a policy of fire insurance.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon a decision of the court on trial without a jury. (Reported below, 3 Hun, 591; 5 T. & 0., 300.) This action was upon a policy of fire insurance. The court found the following facts, among others: That the plaintiff, The Standard Oil Company, employed the Lords, who were brokers in New York city, to secure from the defendants a policy of insurance for $5,000 on its, plaintiff’s, property, situate in Kings county; that said Lords were…
1Opinion of the Court
Church, Ch. J.
The case is presented by the record in a somewhat unusual manner. The learned judge arrived at a conclusion of law upon the assumption of facts which he did not find, and which afterwards, upon the settlement of the case, upon being specifically requested, he refused to find. The general fact thus assumed, but not found in the original report, and which the judge afterwards refused to find upon request, was, that the policy upon which the action was brought was returned for cancellation by mistake. This is the vital fact to sustain the plaintiff’s action. The broker, Lord, must…
2Cases cited2 opinions
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Dunning v. RobertsNew York Supreme Court · 1862
3Cited by26 opinions
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
- American Fire Insurance v. BrooksCourt of Appeals of Maryland · 1896
- Waterloo Lumber Co. v. Des Moines InsuranceSupreme Court of Iowa · 1912
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