Miller v. Danby Co-operative Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William Miller and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tompkins on the 23d day of April, 1919, upon the decision of the court dismissing the complaint at the close of the plaintiffs’ case, both parties having moved for a direction of a verdict.
1Opinion of the Court
Kiley, J.:
The respondent is a domestic corporation, doing business as a co-operative fire insurance company in the town of Danby, Tompkins county, N. Y. As such it issued to the appellants, on the 14th day of July, 1917, its policy insuring them against loss and damage by fire in the sum of $1,000, for a period of five years. The insured, plaintiffs and appellants, were farmers, tenants on the farm where the personal property described in the policy was situate. August 24, 1918, a barn upon the farm, where a large quantity of produce from the farm was stored, burned. The produce destroyed was…
2Cases cited4 opinions
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Heyn v. . New York Life Ins. Co.New York Court of Appeals · 1908
- Fagan v. UlrichAppellate Division of the Supreme Court of the State of New York · 1915
- City of New York v. American Railway Traffic Co.Appellate Terms of the Supreme Court of New York · 1910
3Cited by1 opinion
- Graham v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1923