O'Brien v. . Commercial Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the Superior Court of the city of New York affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 6 J. & S., 4.) This action was brought by plaintiff, as sheriff of the city and county of New York, upon a policy of fire insurance issued by defendant to Ezekiel S. Candler, Jr., upon a stock of goods, store-house, etc., in Florida.
Read the full summary
Appeal from judgment of the Superior Court of the city of New York affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 6 J. & S., 4.) This action was brought by plaintiff, as sheriff of the city and county of New York, upon a policy of fire insurance issued by defendant to Ezekiel S. Candler, Jr., upon a stock of goods, store-house, etc., in Florida. Plaintiff claimed by virtue of various attachments issued against the insured. By the policy a loss was “ to be paid within sixty days after due notice and…
1Opinion of the CourtAllen, J.
In addition to the more usual and ordinary preliminary proofs required to be furnished as a condition precedent to the right of the insured to indemnity against loss, the policy upon which this action is brought provides that “ the assured shall, if required, produce copies of all bills and invoices, the originals of which have been lost.” The defendant’s undertaking is to pay the loss or damage occasioned by the perils insured against, within sixty days after due proof thereof, in conformity to the conditions annexed to the policy. A full compliance with this condition was indispensable to a…
2Cases cited4 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Savage v. . Howard Insurance CompanyNew York Court of Appeals · 1873
- Jube v. Brooklyn Fire InsuranceNew York Supreme Court · 1858
3Cited by19 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- McGuire v. . SpenceNew York Court of Appeals · 1883
- Eggleston v. Council Bluffs InsuranceSupreme Court of Iowa · 1884
- Orient Ins. Co. v. Van Zant-Bruce Drug Co.Supreme Court of Oklahoma · 1915
- Fleisch v. Insurance Co. of North AmericaMissouri Court of Appeals · 1894
14 more not listed; retrieve them via the Exa API.