Legal Opinion

New York Mutual Savings & Loan Ass'n v. Westchester Fire Insurance

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1906PublishedCited by 3 opinions

Appeal by the plaintiff, the New York Mutual Savings and Loan Association, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 20tli day of June, 1904, upon the report of a referee dismissing the complaint upon the merits."

1Opinion of the Court

Hirschberg, P. J.:

This action is brought to recover on a fire insurance policy written by the defendant upon premises belonging to the plaintiff in the village of White Plains, N. Y. The premises in question" were rented by the plaintiff to a tenant and were occupied by the tenant and his family until January 17, 1903. Because of the inability to procure coal at that time owing to the existence of the great coal strike, the tenant then vacated the premises temporarily and resided with his family in the city of New York until the building at White Plains was destroyed by fire. The building…

2Cases cited17 opinions

  1. Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
  2. Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
  3. Forward v. Continental InsuranceNew York Court of Appeals · 1894
  4. Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
  5. Short v. . Home Insurance CompanyNew York Court of Appeals · 1882

12 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Gordon v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1917
  2. Otsego Aviation Service, Inc. v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1951
  3. Satz v. Massachusetts Bonding & InsuranceAppellate Terms of the Supreme Court of New York · 1925

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