Matthews v. American Central Insurance
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, The American Central Insurance Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury, rendered by direction of the court after a trial at 'a Trial Term of the Supreme Court, held in and for the county of " Steuben on the 6th day of January, 1896. August 1, 1889, the defendant, by a New York standard policy, insured Caroline Silvernail for three years…
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Motion by the defendant, The American Central Insurance Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury, rendered by direction of the court after a trial at 'a Trial Term of the Supreme Court, held in and for the county of " Steuben on the 6th day of January, 1896. August 1, 1889, the defendant, by a New York standard policy, insured Caroline Silvernail for three years against damage by fire, to an amount not exceeding $1,050, on the following property: $400 on her frame dwelling house;…
1Concurrence
Green, J.:
The insured died December 2, 1891. Fire occurred April 20, .1892. Will was contested, admitted to probate in May, 1894, and letters testamentary were thereupon issued to the plaintiff. Proofs of loss were sent' to the company before the expiration of sixty days from issuing of letters, but were not returned, and no attention was paid to the matter. (Not stated that even any notice of loss was ever sent.) Action brought October 29, 1894. Policy provides that no action shall be sustainable “ until after full compliance by the insured *343with all the foregoing requirements, nor unless…
2Cases cited21 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Dunning v. . Ocean National BankNew York Court of Appeals · 1875
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- Sanford v. . SanfordNew York Court of Appeals · 1875
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