Brink v. . Hanover Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. (See mem. of decision on former appeal, 70 N. Y., 593.) This action was upon a policy of fire insurance covering a stock of goods in plaintiffs’ store at Lexington, North Carolina, The answer set up fraud in over valuation and in the statements as to loss.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. (See mem. of decision on former appeal, 70 N. Y., 593.) This action was upon a policy of fire insurance covering a stock of goods in plaintiffs’ store at Lexington, North Carolina, The answer set up fraud in over valuation and in the statements as to loss. The policy contained a condition requiring the assured in cáse of loss, forthwith to give notice of loss to defendant, and “ as soon after as possible render a particular…
1Opinion of the Court
Chuboh, Ch. J.
There seems to have been a misapprehension at the trial, as to the point decided by this court, when the case was here for review before. * The judgment was reversed upon a single paragraph in the charge of the trial judge, to the effect that if at anytime the defendant objected to paying the loss upon the ground of fraud, no proofs of loss need be served, a majority of the court being of the opinion that the charge was too broad, and might include mere inci dental declarations, not indicating a fixed purpose on the part of the company, or relied upon by the assured. The court…
2Cases cited3 opinions
- New York & Brooklyn Saw-Mill & Lumber Co. v. City of BrooklynNew York Court of Appeals · 1878
- Schroeder v. . GurneyNew York Court of Appeals · 1878
- Brink v. . Hanover Fire Insurance CompanyNew York Court of Appeals · 1877
3Cited by93 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Wyoming Sawmills, Inc. v. Transportation InsuranceOregon Supreme Court · 1978
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
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