Berry v. American Central Insurance Co. of St. Louis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Gourt in the fourth judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to set aside a compromise settlement and a cancellation of a policy of insurance against fire and a release thereof, and to recover upon the policy.
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Appeal from judgment of the General Term of the Supreme Gourt in the fourth judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to set aside a compromise settlement and a cancellation of a policy of insurance against fire and a release thereof, and to recover upon the policy. The policy insured the plaintiff to the amount of $875 on Buildings and $225 on personal property. Defendant was to make good all loss or damage, etc., not exceeding the…
1Opinion of the CourtBrown, J.
There was in this case no misrepresentation as to any fact which was material to the plaintiff’s right to recover upon the policy. Indeed, there is no evidence but that the adjuster personally acted in entire good faith, and having no knowledge of the information received by the agents as to the title when the insurance was effected, doubtless believed that the policy was void. But any knowledge or information which any of the defendant’s agents received during the transaction with the plaintiff is by law imputed to it, and assuming that the plaintiff, at the time of effecting the insurance,…
2Cases cited17 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Boyd v. . De La MontagnieNew York Court of Appeals · 1878
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3Cited by82 opinions
- Grabbs v. Farmers' Mutual Fire InsuranceSupreme Court of North Carolina · 1899
- Stark v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1939
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Sanford v. Royal InsuranceWashington Supreme Court · 1895
- E. T. C. Corp. v. Title Guarantee & Trust Co.New York Court of Appeals · 1936
77 more not listed; retrieve them via the Exa API.