Armstrong v. Agricultural Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 15, 1890, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Ho proof of loss, as required by the terms and conditions of the policy, was ever made or furnished to the company. (Grosvenor v. A. Ins.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 15, 1890, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Ho proof of loss, as required by the terms and conditions of the policy, was ever made or furnished to the company. (Grosvenor v. A. Ins. Co., 17 N. Y. 391; Cornell v. Le Roy, 9 Wend. 163; Barnes v. U. Ins. Co., 45 N. H. 21; W. F. Ins. Co. v. G. & B. S. M. Co.,…
1Opinion of the CourtBrown, J.
This action is upon a policy of insurance against fire issued by the defendant to Daniel Brown, owner. The loss by an indorsement upon the policy was made payable to the plaintiff as .mortgagee, and was to be paid “ within sixty days after due notice and proof of the same made by the assured.”
One of the conditions of the policy was that “ if proceedings shall be commenced to foreclose any mortgage upon the insured property, * * * then this entire policy and every part thereof shall be null and void, unless the written consent of the company at the Hew York office is obtained.”
On January 6,…
2Cases cited11 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- St. Paul Fire & Marine Ins. v. Mountain Park Stock Farm Co.Supreme Court of Oklahoma · 1909
38 more not listed; retrieve them via the Exa API.