Paine v. Agricultural Insurance
New York Supreme Court
Appeal by defendant from a judgment in favor of plaintiff entered upon the report of a referee. The action was brought by Reuben E. Paine to recover the amount of loss upon a policy of insurance against fire issued by defendant. The facts sufficiently appear in the opinion.
1Opinion of the CourtMullin, P. J.
The plaintiff brings this action to recover the value of his dwelling-house and personal property therein insured by the defendant for the term of three years, from the 28th of October, 1870, by a policy bearing date that day, said building and property having been destroyed by fire on the 30th of March, 1871. The policy contained, among other conditions, the following: “ That in case the premises shall be sold or contracted to be sold, and possession given, or the house left unnoccupied without giving immediate notice to the company, the policy shall cease and be of no force or effect.”
The…
2Cases cited1 opinion
- Wustum v. City Fire InsuranceWisconsin Supreme Court · 1862
3Cited by1 opinion
- Johnson v. New York Bowery Fire InsuranceNew York Supreme Court · 1886