Walrath v. Hanover Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hanover Fire Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Albany on the 12th day of November, 1909, upon the verdict of a jury, and also from an-order entered in..said clerk’s office on the 15th day of November, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.: .
The plaintiff is the owner of a farm the house and outbuildings on which had been insured for some years from loss against fire by the defendant, through the agency of George H. Rus'seTl or George H. Russell & Son. The policy had been in the custody of a mortgagee, and expired on May 15, 1908. A year previous to that time the agency of Russell & 'Son was revoked and Rose & Kiernan were appointed agents of the defendant in their stead. About the sixth of May, apparently of their own motion, Russell &.Son applied to Rose & Kiernan for a policy continuing the insurance upon plain-…
2Cases cited1 opinion
- Ikeller v. Hartford Fire InsuranceNew York Supreme Court · 1898
3Cited by2 opinions
- Morriss v. Home InsuranceCity of New York Municipal Court · 1912
- Walrath v. Hanover Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1912