Northam v. Dutchess County Mutual Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 29, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 29, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion and in a report of this case on a former appeal in 166 New York, 319. It was error to receive proof of a waiver of the condition of the policy under the pleadings. (Todd v. U. C. Co., 70 App. Div. 52; Baxter v. B. Ins. Co., 44 Hun, 184.) It was not error to receive…
1Opinion of the CourtMartin, J.
The complaint was plainly upon the policy issued by the defendant and not for damages for the breach of a verbal contract between the parties. There was evidence to show that, in consideration of the plaintiff’s promise to pay the unpaid premium, the defendant agreed to insure the plaintiff’s interest in the property mentioned in the policy issued to his assignor, by a proper indorsement upon such policy if it could be obtained, or if not, by issuing a- slip or paper to him which “ would keep the • insurance all right and insure him from that time.” If the action had been based upon that…
2Cases cited4 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- Northam v. International InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Northam v. . International Insurance Company of New YorkNew York Court of Appeals · 1901
3Cited by14 opinions
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Lamphere v. . LangNew York Court of Appeals · 1915
- American Mills Co. v. HoffmanCourt of Appeals for the Second Circuit · 1921
- Beer v. Clyde Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Abromovitz v. MarkowitzAppellate Terms of the Supreme Court of New York · 1908
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