Wilkinson v. First National Fire Insurance Co. of Worcester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in tije third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 9 Hun, 522.) This action was upon two policies of insurance issued by defendant. The facts are set forth sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in tije third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 9 Hun, 522.) This action was upon two policies of insurance issued by defendant. The facts are set forth sufficiently in the opinion. The referee rightly held that the action was not barred by the omission to bring it within twelve months after the loss, the parties insured being under injunction. (Barker v. Millard, 16 Wend., 572; Ames v. Un. Ins. Co., 14 N. Y., 253 ; Mayor, etc., v. Ham. Ins. Co.,…
1Opinion of the CourtAndrews, J.
The policies were issued to Martin Wallace, one of the firm of James Thompson & Co., to which firm the loss, if any, was payable. The plaintiff derives title to the claim against the defendant by virtue of an assignment from Thompson & Co., made June 11, 1873. The fire which destroyed the insured property occurred January 14, 1871. The proofs of loss were served immediately thereafter, and this action was commenced October 16, 1873—nearly two years and nine months after the fire. The policies contain a provision that no suit for the recovery of any claim thereunder shall be sustainable in any…
2Cases cited5 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- People v. ManningNew York Supreme Court · 1828
- Barker v. MillardNew York Supreme Court · 1837
- Parker v. WakemanNew York Court of Chancery · 1843
3Cited by51 opinions
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Guthrie v. Indemnity Ass'nTennessee Supreme Court · 1899
- General Aniline & Film Corp. v. Bayer Co.New York Court of Appeals · 1953
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