Clemens v. American Fire Insurance of Philadelphia
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Clemens, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 9th day of July, 1901, upon the decision of the court, rendered after a trial at the Erie Special Term, sustaining a demurrer to the complaint.
1Opinion of the Court
Williams, J.:
The judgment appealed from should be affirmed, with costs.
The action was brought upon a policy of insurance to recover *436for the loss of household furniture destroyed by fire. The demurrer was upon the ground that the complaint did not state facts sufficient. to constitute a cause of action. The particular points made were : First. That there was no sufficient allegation of the rendering of proofs of loss to the defendant pursuant to the terms of the policy.' Second: That there was no allegation that sixty days had elapsed after the proofs of loss were received by the defendant…
2Cases cited3 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Tuttle v. RobinsonNew York Supreme Court · 1895
- Baxter v. LancasterAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by14 opinions
- L. Black Co. v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Williams v. Fire Ass'nAppellate Division of the Supreme Court of the State of New York · 1907
- Hilton & Dodge Lumber Co. v. Robert R. Sizer & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Smith v. Franklin Fire InsuranceMontana Supreme Court · 1921
- Feuerstein v. German Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
9 more not listed; retrieve them via the Exa API.