Uhrig v. . Williamsburgh City Fire Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 11, 1883, which reversed a judgment in favor of defendant, entered upon an order dismissing plaintiffs complaint on trial. (Reported below, 31 Hun, 98.) This action was upon a policy of fire insurance, the particulars of which as well as the material facts are set forth in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 11, 1883, which reversed a judgment in favor of defendant, entered upon an order dismissing plaintiffs complaint on trial. (Reported below, 31 Hun, 98.) This action was upon a policy of fire insurance, the particulars of which as well as the material facts are set forth in the opinion. The condition to arbitrate the question of the amount of the loss and damage contained in this policy was a valid one, and the parties, might by express stipulation, make it a condition precedent like…
1Opinion of the CourtEabl, J.
The plaintiff held a policy of insurance issued by the defendant upon certain personal property, and the property was destroyed by fire in July, 1882. The policy contained this clause: “ The amount of sound value and of damage to the property may be determined by mutual agreement between the company and the assured; or failing to agree, the same shall then, at the written request of either party, be ascertained by an appraisal of each article of personal property, or by an estimate in detail of a building, by competent and impartial appraisers, one to be selected by each party, and the two so…
2Cited by55 opinions
- Market Street Associates Limited Partnership and William Orenstein v. Dale FreyCourt of Appeals for the Seventh Circuit · 1991
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Matter of Delmar Box Co.(ætna Ins. Co.)New York Court of Appeals · 1955
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
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