Carroll v. Home Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Home Insurance Company of the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 20th day of February, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the IJth day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Home Insurance Company of the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 20th day of February, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the IJth day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes. The defendant issued a policy of insurance, against loss by fire, upon a “ two-story frame building and additions thereto, occupied as a dwelling; ” and the policy contained…
1Opinion of the Court
Kellogg, J.:
Two questions seem to be presented on this appeal:
The appellant claims that the learned trial justice erred in submitting to the jury, upon the proof made, the question .of waiver by defendant of the provision as to the forfeiture of the policy upon an increase of the hazard. There does not seem to be any proof in the case which in any view would justify a finding by the jury of any waiver ; but no objection was made upon the trial to the submission of that as a question;. nor is there in the case any exception to the charge' to the jury on that subject. This point should have…
2Cases cited3 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Cornish v. . Farm Buildings Fire Ins. Co.New York Court of Appeals · 1878
- Hobby v. DanaNew York Supreme Court · 1853
3Cited by1 opinion
- Mihalcho v. Massachusetts Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1930