Walker v. Phœnix Insurance Co. of Hartford
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered ¡November 13, 1895, affirming a judgment in favor of defendant, entered upon a verdict directed by the court. This was an action upon a ¡New York standard fire insurance policy to recover for a loss by fire. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered ¡November 13, 1895, affirming a judgment in favor of defendant, entered upon a verdict directed by the court. This was an action upon a ¡New York standard fire insurance policy to recover for a loss by fire. The facts, so far as material, are stated in the opinion. The waiver of a condition rendering a policy void, when such condition existed at the time of its issuance, may be by parol, or by any act on the part of the insurers indicating an intention on their part not to insist…
1Opinion of the CourtVann, J.
On the 11th of November, 1890, the firm of Saunderson & Starkweather, through their broker, named Clark, applied to the defendant for insurance upon some printing machinery and materials, which were at the time subject to two chattel mortgages, but this fact was not then disclosed to the company. Each mortgage contained a covenant on the part of the mortgagors to keep the property insured for the benefit of the mortgagees, who are the plaintiffs in this action, and to assign the policy to them. Said application was made at the main office of the defendant to one Haslock, the “ application…
2Cases cited7 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
- Roby v. American Central InsuranceNew York Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Northern Pac. Ry. Co. v. North American Telegraph Co.Court of Appeals for the Eighth Circuit · 1915
- Dobson v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Springfield F. M. Ins. Co. v. FineSupreme Court of Oklahoma · 1923
6 more not listed; retrieve them via the Exa API.