Mayer v. Phœnix Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David Player, from a judgment of the Supreme .Court in favor of the defendant, the Home Insurance Company, entered in the office of the clerk of the county of New York on the Stli day of November, 1907, upon the decision of the court, rendered after a trial at the' New York Special Term, sustaining the said defendant’s demurrer to the complaint.
1Opinion of the Court
Houghton, J..:
The action is to set aside an award made by appraisers appointed pursuant to the terms of a standard fire insurance policy to determine the amount of loss by fire.
The complaint alleges that the plaintiff was insured against loss by fire by policies issued by the respondent, Home Insurance Company,. and. defendant Phcenix Assurance Company, Limited, of London, in different amounts, the loss, if any, to be borne proportionately according to the amounts of the respective policies; that a partial loss by fire occurred; that disagreement as to the amount of loss sustained having…
2Cases cited9 opinions
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Bradshaw v. Agricultural Insurance of WatertownNew York Court of Appeals · 1893
- Warren v. . ParkhurstNew York Court of Appeals · 1906
- Kaiser v. Hamburg-Bremen Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Fleming v. Phoenix Assurance Co.New York Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ressler v. Samphimor Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1922