Short v. . Home Insurance Company
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made April 19, 1879, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action was upon a policy of fire insurance issued by defendant to plaintiff for one year from its date—December 9, 1876. The material facts are set forth in the opinion.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made April 19, 1879, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court. This action was upon a policy of fire insurance issued by defendant to plaintiff for one year from its date—December 9, 1876. The material facts are set forth in the opinion. A warranty will in no case he extended by construction to include any thing not necessarily implied in its terms. (Owen v. Holland Purchase Ins. Co., 56 N. Y. 565; Markes v. Nat. Ins. Co. of N. Y., 24 How. Pr.…
1Opinion of the CourtMiller, J.
The policy of insurance upon which this action is brought, among other things .contained a provision that in case the premises “ become vacant or unoccupied, and so remain with the knowledge of the assured, without notice to and consent of the company in writing,” then the policy should be void. At the time the policy was issued the premises and the building thereon were unoccupied, and so continued up to the time of the destruction of the building by fire in the month of January, 1877. The proof upon the trial showed that early in December, 1876, another policy existed in a different…
2Cases cited2 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Browning v. . Home Insurance CompanyNew York Court of Appeals · 1877
3Cited by41 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Glens Falls Insurance Co. v. MichaelIndiana Supreme Court · 1905
- Aetna Insurance v. HolcombTexas Supreme Court · 1896
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
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