Irving v. Excelsior Fire Insurance
The Superior Court of New York City
The questions, discussed and decided in this action, arise on a verdict taken, subject to the. opinion of the Court at General Term.
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The questions, discussed and decided in this action, arise on a verdict taken, subject to the. opinion of the Court at General Term. The action was brought to recover a loss under a policy of insurance against fire, and the following are the material facts, as proved upon the trial, before Oakley, Ch. Justice, and a iurv, in March, 1857. The defendants by their policy dated September 5th, 1855, insured “ Charles Irving, (the plaintiff) against loss or damage by fire to the amount of $1,750 on his stock as a cabinet manufacturer, finished and unfinished, and materials for making the same…
1Opinion of the CourtBy the Court. Woodruff, J.
It was the duly of the plaintiff to deliver to the Company a just and true account of his loss, which should be as particular as the nature of the case would *514admit, and should be verified by his oath. This he attempted to do. This was a part of his preliminary proofs. Such delivery was a condition precedent to his right to recover. By express condition, the amount of loss is not payable until sixty days after such account (with other proofs) .is delivered. The defendants made no objection to the sufficiency of the account furnished, and by their answer have acquiesced in its truth. They…
2Cases cited7 opinions
- Graves & Barnewall v. Boston Marine InsuranceSupreme Court of the United States · 1805
- Pacific Insurance v. CatlettCourt for the Trial of Impeachments and Correction of Errors · 1829
- Catlett v. Pacific InsuranceNew York Supreme Court · 1828
- Turner v. BurrowsNew York Supreme Court · 1830
- Dumas v. JonesMassachusetts Supreme Judicial Court · 1808
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Bentley v. Standard Fire InsuranceWest Virginia Supreme Court · 1895
- De Grove v. . Metropolitan Ins. Co.New York Court of Appeals · 1875
- Fowle v. Springfield Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1877
- John Hancock Mutual Life Insurance v. DickMichigan Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.