Schuessler v. Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fire Insurance Company of the County of Philadelphia, from' a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 9th day of March, 1904, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Ingraham, J. :
The relief sought in this action was the reformation of a policy of fire insurance issued by the defendant to the plaintiffs and to recover the amount due under said policy. The court decreed the reformation of the policy by striking out a warranty that the premises insured were occupied exclusively for dwelling purposes by not more than two families, and awarded the plaintiffs judgment for the amount due upon the policy. From that judgment the defendant appeals.
From the plaintiffs’ testimony it appears that the plaintiffs were the owners of the premises No. 322 Second avenue in…
2Cited by3 opinions
- D. R. Paskie & Co. v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1928
- Houlden v. Farmers' Alliance Cooperative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1919
- Shapiro v. Albany Ins. Co. of N.Y.Supreme Court of Rhode Island · 1936