Schmitt Bros. v. Boston Insurance
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Schmitt Brothers, and the defendant, the Boston Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of November, 1902, upon the decision of the court rendered after a trial at the New York Special Term..
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Cross-appeals by the plaintiff, Schmitt Brothers, and the defendant, the Boston Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of November, 1902, upon the decision of the court rendered after a trial at the New York Special Term.. The defendant appeals from the whole of said judgment and the plaintiff appeals from so much thereof as fails to award plaintiff interest on the amount recovered.
1Opinion of the Court
Hatch, J.:
This action was brought to set aside an award of $9,000, made pursuant to the provisions of an insurance policy which plaintiff had taken out from the defendant, on the ground of alleged misconduct and irregularity of the appraisers and umpire, and to recover the full amount of the policy of insurance. The plaintiff was the owner of a lot of colonial furniture, which it had purchased from the estate of a deceased collector for the sum of $13,000, and had stored in a warehouse. It procured it to be insured under several different policies of insurance, aggregating $20,000. The…
2Cases cited5 opinions
- White v. . MillerNew York Court of Appeals · 1879
- Sweeny v. . City of New YorkNew York Court of Appeals · 1903
- Kaiser v. Hamburg-Bremen Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Strome v. London Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1897
- Strome v. . London Assurance CorporationNew York Court of Appeals · 1900
3Cited by8 opinions
- Dickler v. CIGNA Property & Casualty Co.Court of Appeals for the Third Circuit · 1992
- Providence Washington Insurance v. GulinsonSupreme Court of Colorado · 1923
- Stout v. Phoenix Assurance Co. of LondonNew Jersey Court of Chancery · 1904
- Stewart Dickler v. Cigna Property And Casualty CompanyCourt of Appeals for the Third Circuit · 1992
- Arkin Distributing Co. v. American InsuranceMichigan Court of Appeals · 1978
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