Lipedes v. Liverpool & London & Globe Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Morris Lipedes, from an order of the Supreme Court, made at the Onondaga Trial Term and entered in the office of the clerk of the county of Onondaga on the 5th day of April, 1918, granting defendant’s motion for a nonsuit and dismissing the complaint at the close of the case upon a trial before the court and a jury. Decision on the motion for a nonsuit was reserved by consent and.the verdict of the jury was taken. The jury found in plaintiff’s favor.
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Appeal by the plaintiff, Morris Lipedes, from an order of the Supreme Court, made at the Onondaga Trial Term and entered in the office of the clerk of the county of Onondaga on the 5th day of April, 1918, granting defendant’s motion for a nonsuit and dismissing the complaint at the close of the case upon a trial before the court and a jury. Decision on the motion for a nonsuit was reserved by consent and.the verdict of the jury was taken. The jury found in plaintiff’s favor. The plaintiff further appeals, from the judgment entered in said clerk’s office on the same day dismissing the…
1Opinion of the Court
Hubbs, J.:
This action was brought to recover for a loss on a New York standard fire insurance policy issued to the plaintiff by the defendant, which policy covered the plaintiff’s personal property on a farm. It was stipulated upon the trial that the amount which the plaintiff was entitled to recover, if anything, was $2,482. The case was submitted to the jury which found for the plaintiff. A motion for a nonsuit was reserved by consent and was granted by the trial court after the close of the trial.
Various defenses were set up in the defendant’s answer, but they all grow out of the fact that…
2Cases cited10 opinions
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
- Williams v. . TiltNew York Court of Appeals · 1867
- National Bank v. . LewisNew York Court of Appeals · 1878
- Curtiss v. TellerAppellate Division of the Supreme Court of the State of New York · 1913
- Murray v. . Judson and SandsNew York Court of Appeals · 1853
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3Cited by4 opinions
- Crittenden v. BarkinAppellate Division of the Supreme Court of the State of New York · 1925
- McNellis v. RaymondDistrict Court, N.D. New York · 1971
- Telmark, Inc. v. National Commercial Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1979
- Durst v. AbrashAppellate Division of the Supreme Court of the State of New York · 1964