Bishop v. Agricultural Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 25, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action upon a policy of insurance issued by the defendant to plaintiff upon his barn and contents.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 25, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action upon a policy of insurance issued by the defendant to plaintiff upon his barn and contents. October 15, 1887, the plaintiff’s barn and its contents were destroyed by fire, at which time the property was insured by the defendant for $3,100, under a policy known as “ Standard Fire Insurance Policy of the State of…
1Opinion of the Court
Follett, Oh. J.
But three of the many issues raised by the pleadings were contested at Circuit: (1) Did the defendant "unreasonably, and in bad faith, refuse to agree on an. impartial person to act as umpire ? (2) Is the defendant estopped by its conduct from asserting as a defense the fact that plaintiff failed to serve proofs of loss within sixty days ? (3) The value ■of the property destroyed. The only questions argued in this •court arise on the first and second of these issues, and are presented by the motion for a nonsuit made at the close of the plaintiff’s evidence, renewed at the…
2Cases cited3 opinions
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Underwood v. . Farmers' Joint Stock Ins. Co.New York Court of Appeals · 1874
- Messelback v. . NormanNew York Court of Appeals · 1890
3Cited by44 opinions
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
- Hickerson & Co. v. Insurance CompaniesTennessee Supreme Court · 1896
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