Bryce v. Lorillard Fire Insurance
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of the defendant, entered upon the decision of the court upon a trial at the Special Term, without a jury. This action was brought by the plaintiff, as the assignee of one John Lavens, to reform a policy of insurance, on the ground of mistake, issued by the defendant to said John Lavens, and to recover a loss sustained thereunder.
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Appeal from a judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of the defendant, entered upon the decision of the court upon a trial at the Special Term, without a jury. This action was brought by the plaintiff, as the assignee of one John Lavens, to reform a policy of insurance, on the ground of mistake, issued by the defendant to said John Lavens, and to recover a loss sustained thereunder. The application was for and the policy insured merchandise “ contained in letter C, Patterson stores, South Front, below Pine street,…
1Opinion of the CourtFolger, J.
The several exceptions to findings of fact, and to refusals to make findings of fact as requested, are not well taken. To make a legal error in a finding of fact, which this court may review, there must be no evidence in the case upon which the finding may be based. To make such error in a refusal to find, the evidence must be clearly conclusive in favor of the finding proposed. There was, in this case, evidence on which each of the findings can be based, and there is evidence which will sustain each of the refusals to find. The learned justice who tried the cause has seen fit to rely upon…
2Cases cited2 opinions
- Welles v. . YatesNew York Court of Appeals · 1871
- Coles v. BowneNew York Court of Chancery · 1844
3Cited by5 opinions
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Scott v. Dennett Surpassing Coffee Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Parli v. ReedSupreme Court of Kansas · 1883
- Meinholtz v. Henryetta Gas Co.Supreme Court of Oklahoma · 1921
- Taylor v. RiceU.S. Circuit Court for the District of Indiana · 1886