Legal Opinion

Roby v. American Central Insurance

New York Court of Appeals

Decided June 3, 1890PublishedCited by 42 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 21, 1881, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 21, 1881, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was upon an insurance policy issued by the defendant on the 26th of January 1882, whereby it insured the firm of William Corris & Co., in the sum of $2,000, for the period of one year from said date, against loss or damage by fire to their stock, “ fixtures, tools and machinery as manufacturers of woodwork for…

1Opinion of the CourtVann, J.

The policy in question provided that if the risk should be increased by any cause known to the insured, unless notice thereof should be given to the defendant and its consent indorsed upon the policy, or if there should be any change of title to the property insured without such consent, the jmlicy should thereupon cease to be binding upon the company. It further provided that the working of carpenters, plumbers or other mechanics in building, altering or repairing the property, building or premises named in the policy, should avoid the same, unless permission for such work were given in the…

2Cases cited5 opinions

  1. Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
  2. Hynes v. . McDermottNew York Court of Appeals · 1883
  3. Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
  4. Hyatt v. . ClarkNew York Court of Appeals · 1890
  5. Tarbell v. . WestNew York Court of Appeals · 1881

3Cited by42 opinions

  1. Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
  2. Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
  3. Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
  4. Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
  5. Rossmoore v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1935

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