Sanders v. . Cooper
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 4, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and also an order denying a motion for a new trial. This action was upon a policy of insurance issued by the Watertown Fire Insurance Company, of which company the defendant is receiver, to the plaintiff, upon his “two-story dwelling-house.”
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 4, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and also an order denying a motion for a new trial. This action was upon a policy of insurance issued by the Watertown Fire Insurance Company, of which company the defendant is receiver, to the plaintiff, upon his “two-story dwelling-house.” The material facts are stated in the opinion. It is an error of law to find a material fact, when there is a total absence of evidence to…
1Opinion of the CourtAndrews, J.
Two defenses are relied upon ; fi'st, that the building burned was not the building mentioned in the application and survey, and insured by the policy; and, second, that when the policy in question was issued there was a prior insurance on the building destroyed, in the Glens Falls Insurance Company, not consented to by the Watertown Fire Insurance Company, whereby, by the terms of the policy sued upon, it became void. The defendant, to establish the first defense, relied upon the following facts : (1.) The policy, by its language, insures Landers in the sum of $800 “ on the property…
2Cases cited2 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
3Cited by30 opinions
- Aetna Insurance v. HolcombTexas Supreme Court · 1896
- Aetna Insurance Co., of Hartford v. BrannonTexas Supreme Court · 1905
- Harness v. Eastern Oil Co.West Virginia Supreme Court · 1901
- Providence Washington Insurance v. Board of EducationWest Virginia Supreme Court · 1901
- Keeton v. Jefferson Standard Life Ins. Co.Court of Appeals for the Fourth Circuit · 1925
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