Pratt v. Dwelling House Mutual Fire 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 June 22, 1889, which denied a motion for a new trial and directed judgment in favor of defendant upon a verdict directed by the court. This was an action upon a policy of fire insurance alleged to have been issued by the defendant upon certain real and personal property belonging to the plaintiff.
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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 June 22, 1889, which denied a motion for a new trial and directed judgment in favor of defendant upon a verdict directed by the court. This was an action upon a policy of fire insurance alleged to have been issued by the defendant upon certain real and personal property belonging to the plaintiff. The answer-denied that the defendant issued the policy in question, and alleged that the same was issued by the plaintiff, as secretary of the defendant, to himself, without…
1Opinion of the CourtVann, J.
Upon the trial of this action there was a sharp conflict of testimony, but at the close of all the evidence, the court granted a nonsuit on motion of the defendant and the plaintiff excepted. As was said by the court in Clemence v. City of Auburn (66 N. Y. 334, 338), “ the plaintiff did not assent to any proposition of fact assumed either by the counsel for the defendant or the court, and is not concluded by omitting to request that the whole case or any particular question should have been submitted to the jury. If in any view of the evidence a verdict might have been rendered for the…
2Cases cited8 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Clemence v. . City of AuburnNew York Court of Appeals · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Donley v. . Glens Falls Ins. Co.New York Court of Appeals · 1906
- Cutler v. Hartford Life InsuranceNew York Court of Appeals · 1968
- Twin City Fire Ins. v. Stockmen's Nat. Bank of Ft. BentonCourt of Appeals for the Ninth Circuit · 1919
13 more not listed; retrieve them via the Exa API.