Legal Opinion

Gibbs v. Continental Insurance

New York Supreme Court

Decided April 15, 1878Published

Arpe at, from a judgment in favor of the plaintiff, entered upon a verdict of a jury, and from an order denying a motion for a new-trial, made upon a case and exceptions. The house was not occupied within the meaning of the conditions of the policy. (Qamwell v. M. TJ. Ins. Go., 12 Cush., 167; O'*Neil v. The Buffalo F. Ins. Go., 3 Com:, 122; Wastbwrn v. Gity F. Ins. Go., 15 •Wis., 138; Cummings v. Agri. Ins. Go., 5 Hun, 551; Paine v. Agri. Ins.

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Arpe at, from a judgment in favor of the plaintiff, entered upon a verdict of a jury, and from an order denying a motion for a new-trial, made upon a case and exceptions. The house was not occupied within the meaning of the conditions of the policy. (Qamwell v. M. TJ. Ins. Go., 12 Cush., 167; O'*Neil v. The Buffalo F. Ins. Go., 3 Com:, 122; Wastbwrn v. Gity F. Ins. Go., 15 •Wis., 138; Cummings v. Agri. Ins. Go., 5 Hun, 551; Paine v. Agri. Ins. Go., 5 S. C., 619; Hamm v. Home Ins. Go., 59 N. Y., 387; Gates v. Madison Ins. Go., 1 Seld., 169; Sherman v. Niagara Ins. Go., 16 N. Y., 532; Kelly v.…

1Opinion of the Court

Talcott, J.:

This is an appeal from a judgment in favor of the plaintiff, entered on a verdict at the Oswego Circuit, and from an order refusing a new trial.

*613The plaintiff owned a two-story frame dwelling-house, situated on Oneida street, in Oswego. On the Yth day of March, 18Y3, the defendant, through E. J. Harmon, its agent at Oswego, issued its policy insuring the plaintiff against loss or damage by fire in the sum of $2,000 on the house and $1,200 on the furniture, wearing apparel, etc., therein, for one year. On the Yth day of March, 18Y4, the policy was renewed for one year. On the night…

2Cases cited9 opinions

  1. President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
  2. Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871
  3. Hurst v. . LitchfieldNew York Court of Appeals · 1868
  4. Wolf v. Goodhue Fire InsuranceNew York Supreme Court · 1864
  5. Cummins v. . Agricultural Insurance Co.New York Court of Appeals · 1876

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