Excelsior Fire Insurance v. Royal Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict. This- was an action upon a policy of insurance. The first count of the complaint alleged a reinsurance; the second a policy issued to Mary L. Connelly, and by her assigned to plaintiffs.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict. This- was an action upon a policy of insurance. The first count of the complaint alleged a reinsurance; the second a policy issued to Mary L. Connelly, and by her assigned to plaintiffs. On the .7th of May, 1862, and the 1st of August, 1865, James Connelly, then being the owner thereof, mortgaged to David Dows and others property situated in the city of Rochester, known as the Boston Mills, by two mortgages, each to secure the…
1Opinion of the CourtFolger, J.
This case comes up on exceptions to a refusal of motion for a nonsuit of the plaintiffs, made first at the rest of the plaintiffs’ case, and again at the close of all the proofs.
The defendant, by making this motion, concedes that the court may pass upon the facts; indeed, that there is no dispute as to the facts, and nothing therefore to be submitted to the jury. (Winchell v. Hicks, 18 N. Y., 558.) That they have presented in this court questions not made at circuit, cannot alter this rule.
We must, therefore, dispose of the case as we deem the facts to be, from our view of the evidence…
2Cases cited7 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Winchell v. . HicksNew York Court of Appeals · 1859
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
- House v. HouseNew York Court of Chancery · 1843
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