Van Allen v. . Farmers' Joint Stock Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order denying motion for a new trial and directing judgment on a verdict. (Reported below, 4 Hun, 413.) This action was upon a policy of fire insurance.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order denying motion for a new trial and directing judgment on a verdict. (Reported below, 4 Hun, 413.) This action was upon a policy of fire insurance. One of the conditions of the policy was as follows: “ All persons insured by this company and sustaining loss or damage by fire shall forthwith give the company notice thereof in writing, and within twenty days after the loss shall deliver a particular account of such loss, signed and sworn to by them, stating…
1Per curiam
We think that the charge of the judge that Willetts had a right to waive the provision in the policy requiring the plaintiff to furnish the proofs of loss, was erro neons; and for this reason the judgment must be 'reversed, and a new trial granted, with costs to abide the event.
All concur.
Judgment reversed.
2Cited by10 opinions
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
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