Standard Oil Co. v. . Amazon Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff and affirming an order denying a motion for a new trial. (Reported below, 14 Hun, 619.) This was an action upon a policy of fire insurance. It appeared on the trial that the policy was issued by defendant’s agent in Hew York, who reported it to the home office in Ohio.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff and affirming an order denying a motion for a new trial. (Reported below, 14 Hun, 619.) This was an action upon a policy of fire insurance. It appeared on the trial that the policy was issued by defendant’s agent in Hew York, who reported it to the home office in Ohio. By the policy defendant had the option to cancel it; it telegraphed to its agent to cancel it, unless the “ average clause ” was inserted; this telegram was not received by the agent until…
1Opinion of the Court
Eaiíl, J.
• After the verdict in this case, the defendant moved for a now trial upon the minutes- of the judge before whom, the trial was had, and the motion was denied. Judgment was then entered upon the verdict, and the defendant then appealed from the order denying the new trial and from the judgment to the General Term, and there both.the order and judgment were affirmed. It then appealed to this court.
There is but one exception in the ease, and that is to the exclusion of a question by defendant to one of its witnesses, whether “ an average clause in a policy is favorable or unfavorable…
2Cases cited2 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- MacY v. . WheelerNew York Court of Appeals · 1864
3Cited by36 opinions
- Glassford v. LewisNew York Supreme Court · 1894
- Roberts v. . TobiasNew York Court of Appeals · 1890
- Whittaker v. Delaware & H. Canal Co.New York Supreme Court · 1888
- Young v. StoneNew York Supreme Court · 1894
- Duryea v. . VosburghNew York Court of Appeals · 1890
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