Frankfurter v. Home Insurance
New York Court of Common Pleas
Appeal from city court, general term. Action by William Frankfurter against the Home Insurance Company on a fire insurance policy. Plaintiff sued as the assignee of the insured. The defense was that by its terms the policy was avoided, owing to subsequent insurance effected by the insured without the written consent of the defendant, or its authorized agent, indorsed on or attached to the policy. From a judgment of the city court (26 2í.
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Appeal from city court, general term. Action by William Frankfurter against the Home Insurance Company on a fire insurance policy. Plaintiff sued as the assignee of the insured. The defense was that by its terms the policy was avoided, owing to subsequent insurance effected by the insured without the written consent of the defendant, or its authorized agent, indorsed on or attached to the policy. From a judgment of the city court (26 2í. Y. Supp. 81) affirming a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
The trial court was authorized to direct an amendment of the complaint by increasing the amount for which judgment was demanded. Knapp v. Roche, 62 N. Y. 614; Baylies, Code Pl. 625, and cases there cited. And to direct a further amendment, after verdict, by adding an allegation to the effect that before the commencement of the action more than 60 days had elapsed since service upon the defendant of proofs of loss, the fact having been proved without objection, and the cause of action remaining unchanged. *4Code Civ. Proc. § 721; Davis v. Railroad Co., 110 N. Y. 646, 17 N. E. 733; Knapp v.…
2Cases cited12 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Reeder v. . SayreNew York Court of Appeals · 1877
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
- Knapp v. . SimonNew York Court of Appeals · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bernard v. United Life InsuranceAppellate Terms of the Supreme Court of New York · 1896
- Sohman v. Metropolitan Street Railway Co.City of New York Municipal Court · 1907
- Sohman v. Metropolitan Street Railway Co.City of New York Municipal Court · 1907
- Canda v. CaseyNew York Court of Common Pleas · 1895
- Foley v. StateNew York Court of Claims · 1941
1 more not listed; retrieve them via the Exa API.