Jackson v. . St. Paul Fire and Marine Ins. Co.
New York Court of Appeals
Appear from order of the General Term of the Supreme Court, made May 16, 1884, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury and granted a new trial. This action was brought by plaintiff, as receiver of the Paterson Fire Insurance Company, upon a policy of reinsurance. The material facts are stated in the opinion.
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Appear from order of the General Term of the Supreme Court, made May 16, 1884, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury and granted a new trial. This action was brought by plaintiff, as receiver of the Paterson Fire Insurance Company, upon a policy of reinsurance. The material facts are stated in the opinion. No claim of breach of warranty is available to the defendant by reason of the alleged misdescription contained in the application and policy. (Woodruff v. Imp. F. Ins. Co., 83 N. Y. 133; 62 id. 64; May on Ins., § 591,…
1Opinion of the CourtDanforth, J.
The questions upon this appeal relate to the liability of the defendant on a contract of reinsurance made by it in favor of the Paterson Fire Insurance Company, and are, first, whether it was obtained by misrepresentation, and so void ab initia, and if not, then second, whether the action is barred by a limitation clause contained in the contract.
The facts agreed upon, or found by the trial court, so far as material, are these: The Paterson Company, on the 14th of August, 1876, at San Francisco, undertook to insure one E. Sherwood against loss by fire to the amount of $4,500, as follows : “…
2Cited by23 opinions
- Christiania General Insurance Corporation of New York v. Great American Insurance CompanyCourt of Appeals for the Second Circuit · 1992
- Melco System v. Receivers of Trans-America Ins. Co.Supreme Court of Alabama · 1958
- Pink v. American Surety Co.New York Court of Appeals · 1940
- Pronger v. Old National BankWashington Supreme Court · 1899
- Greenman v. General Reinsurance Corp.Appellate Division of the Supreme Court of the State of New York · 1933
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