Hamilton v. Royal Insurance Co. of Liverpool, England
New York Court of Appeals
Appeal from a judgment of the Supreme Court, entered October 20, 1891, upon an order of the late General Term in the fifth judicial department, overruling plaintiff’s exceptions, ordered to he heard in the first instance at General Term, denying his motion for a new trial, and directing judgment in favor of defendant upon a nonsuit granted on trial at Circuit.
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Appeal from a judgment of the Supreme Court, entered October 20, 1891, upon an order of the late General Term in the fifth judicial department, overruling plaintiff’s exceptions, ordered to he heard in the first instance at General Term, denying his motion for a new trial, and directing judgment in favor of defendant upon a nonsuit granted on trial at Circuit. This action was upon a policy of insurance by which the defendant insured James J. Quinn against loss and damage by fire to certain personal property contained in his dwelling house in the village of Charlotte, N. Y. The policy was a…
1Opinion of the CourtMartin, J.
The only question involved in this case is whether section 399 of the Code of Civil Procedure applies to the limitation contained in the policy in suit. The section in substance provides that an attempt to commence an action in a court of record is equivalent to the commencement of it, within each provision of chapter four of that a6t, which limits the time for commencing an action, when the summons is delivered to the sheriff of the proper county, with the intent that it shall be actually served. That the summons in this case was so delivered within twelve months after the fire is expressly…
2Cases cited8 opinions
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Hayden v. . PierceNew York Court of Appeals · 1895
- Titus v. . PooleNew York Court of Appeals · 1895
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- People v. GilbertNew York Supreme Court · 1820
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3Cited by66 opinions
- Lew Morris Demolition Co. v. Board of EducationNew York Court of Appeals · 1976
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- In Re Certified QuestionMichigan Supreme Court · 1982
- Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
- Comey v. . United Surety Co.New York Court of Appeals · 1916
61 more not listed; retrieve them via the Exa API.