Legal Opinion

Broadway Insurance v. Doying

Supreme Court of New Jersey

Decided June 15, 1893PublishedCited by 4 opinions

On error to the Supreme Court. This was an action upon a policy of fire insurance issued by the defendant to the plaintiffs July 14th, 1891, insuring a stock of hardware,' office furniture, &c., in Summit, N. J. A fire occurred December 30th, 1891. The policy contained the following clause: “ In the event of disagreement as to the amount of loss, the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each…

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On error to the Supreme Court. This was an action upon a policy of fire insurance issued by the defendant to the plaintiffs July 14th, 1891, insuring a stock of hardware,' office furniture, &c., in Summit, N. J. A fire occurred December 30th, 1891. The policy contained the following clause: “ In the event of disagreement as to the amount of loss, the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire. The appraisers together…

1Opinion of the Court

The opinion of the court was delivered by

Dixon, J.

The objection to evidence was properly overruled. The appraisement was not offered as one “ required by the provisions of the policy,” but as one made under the agreement of January 20th, 1892. This agreement was substituted for the appraisement clause of the policy, and, being somewhat different from it, in effect abrogated it. "Whether, therefore, the appraisement was such as the policy required, *572was immaterial. An appraisement made under the agreement was, according to its terms, binding on the parties.

The request to charge was legally…

2Cited by4 opinions

  1. American Central Insurance v. LandauNew Jersey Court of Chancery · 1901
  2. Fish v. VermillionSupreme Court of Kansas · 1904
  3. Schouweiler v. Merchants' Mutual InsuranceSouth Dakota Supreme Court · 1899
  4. Siegel v. Insurance Co. of North AmericaNorth Dakota Supreme Court · 1928

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