Carpenter v. German American Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1891, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action upon a policy of fire insurance. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1891, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action upon a policy of fire insurance. The facts, so far as material, are stated in the opinion. The conditions of the policy with respect to the preliminary proofs of loss to he furnislied by the plaintiffs to the defendant were not observed, but were violated by the plaintiffs. (May on Ins. 568, § 465; Blossom v.…
1Opinion of the CourtAndrews, J.
It must be assumed in disposing of this appeal that Andrews, the subagent of Mandeville, before the original policy was issued of which the policy upon which this action is brought is a renewal, was sent by Mandeville to inspect the premises and arrange the insurance, and that he was then informed by the plaintiff that the property upon which the insured building was erected was held under a contract of purchase from the State Bank of Elizabeth, Hew Jersey. If this constituted notice to the defendant, then, within our decisions, the policy was not avoided by the printed condition that if the…
2Cases cited2 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Arff v. Star Fire InsuranceNew York Court of Appeals · 1890
3Cited by38 opinions
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
- Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895
- Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
- Springfield Fire Insurance v. PriceSupreme Court of Georgia · 1909
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