Bennett v. Lycoming County Mutual Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action upon a policy of fire insurance issued by defendants to Oaldey, Clapp & Co., upon property at Horseheads, New York. After loss, the claim was assigned to plaintiffs intestate. The facts pertinent to the questions discussed appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action upon a policy of fire insurance issued by defendants to Oaldey, Clapp & Co., upon property at Horseheads, New York. After loss, the claim was assigned to plaintiffs intestate. The facts pertinent to the questions discussed appear sufficiently in the opinion. The judge erred in submitting "the question of waiver to the. jury. (Underwood v. Farmers’, etc., Ins. Co., 57 N. Y., 500; May on Ins., 618, 621; Sec. Ins.…
1Opinion of the CourtEabl, J.
The policy contained conditions that in case of loss the insured shall forthwith give notice thereof to the secretary of the company, and within thirty days after the loss shall also deliver to the secretary a particular account of the loss. It is claimed on the part of the defendant that neither of these conditions was complied with.
The defendant was a Pennsylvania company, and in 1869 Strand & Brown were its local agents at Montrose in that State. They gave Nichols, who did business at Elmira, in this State, authority to receive applications for insurance for them, and for that propose…
2Cases cited3 opinions
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Inman v. Western Fire InsuranceNew York Supreme Court · 1834
3Cited by25 opinions
- Baker v. SmelserTexas Supreme Court · 1895
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
- Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
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