Martin v. Rochester German Insurance
New York Supreme Court
Appeal from circuit court, Monroe county. . Action by Killean Martin against the Rochester German Insurance Company. From a judgment entered on a verdict in favor of plaintiff for part of the relief asked, and from an order denying a motion for a new trial, plaintiff appeals.
1Opinion of the CourtLewis, J.
The cause of action, as stated in the complaint, is that the defendant, in and by the terms of an insurance policy, in consideration of premium paid by the plaintiff, contracted and agreed with the plaintiff, among other things, that in case a certain house owned by plaintiff should be occupied by plaintiff or by a tenant during the three years next following the 9th day of April, 1892, and at any time during said period should be destroyed by fire, without fault or negligence of the plaintiff, and in case certain farming implements should be so destroyed, then defendant would pay to…
2Cases cited4 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Halpin v. Ætna Fire InsuranceNew York Court of Appeals · 1890
- Potter v. . SmithNew York Court of Appeals · 1877
3Cited by4 opinions
- Huber v. Manchester Fire Assur. Co.New York Supreme Court · 1895
- Couch v. Farmers' Fire Insurance of YorkAppellate Division of the Supreme Court of the State of New York · 1901
- Feinstein v. Reliance InsuranceNew York District Court · 1976
- Thieme v. Niagara Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1905