Legal Opinion

Clover v. . Greenwich Ins. Co.

New York Court of Appeals

Decided January 19, 1886PublishedCited by 5 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This was an action upon a policy of insurance against loss by fire upon plaintiff’s “undivided one-half interest” in certain buildings used as a saw and file factory.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This was an action upon a policy of insurance against loss by fire upon plaintiff’s “undivided one-half interest” in certain buildings used as a saw and file factory. The policy contained these clauses among others: “ The amount of loss or damage to be estimated according to the actual cash value of the property at the time of the loss, and to be paid sixty days after due notice…

1Opinion of the Court

Huger, Ch. J.

There were two items of evidence, only, upon which the verdict of the jury with respect to the amount of damages, could have been based, viz. : (1) The award of the arbitrators assessing it at $1,225, and (2) the proofs of loss in which it was stated to be $1,250. The court in charging the jury directed them to bring in a verdict for the amount appraised by the arbitrators, with interest from September 5, 1882, in -case they should find that the arbitrators had not exceeded their authority, in making the award. The jury found for that sum, and the inference is quite conclusive…

2Cases cited1 opinion

  1. Thorne v. . TurckNew York Court of Appeals · 1883

3Cited by5 opinions

  1. Foley v. Manufacturers & Builders' Fire InsuranceNew York Court of Appeals · 1897
  2. Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
  3. Hartford Fire Ins. Co. v. Empire Coal Min. Co.Court of Appeals for the Eighth Circuit · 1929
  4. McAllaster v. . Niagara Fire Ins. Co.New York Court of Appeals · 1898
  5. McAllaster v. Niagara Fire InsuranceNew York Supreme Court · 1895

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