Herrman v. . Merchants' Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. (Reported below, 12 J. & S. 444.) The nature of the action and the facts are set forth sufficiently in the opinion. The house, when the fire occurred, was vacant and unoccupied within the meaning of the terms of the policy. (Whitney v. Black River Ins.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. (Reported below, 12 J. & S. 444.) The nature of the action and the facts are set forth sufficiently in the opinion. The house, when the fire occurred, was vacant and unoccupied within the meaning of the terms of the policy. (Whitney v. Black River Ins. Co., 9 Hun, 41; 72 N. Y. 117; Paine v. Agricultural Ins. Co., 5 id. 619; Wusturn v. City Fire Ins. Co., 15 Wis. 138; Harrison v. City Ins. Co., 9 Allen [Mass.], 231;…
1Opinion of the CourtEarl, J.
This is an action upon a fire policy, and' the defense is a breach of certain warranties contained in the policy.
The insurance was upon a dwelling-house and other buildings, and upon certain personal property therein, and the fire which occasioned the loss occurred in the day time, in April, 1877, and probably was of incendiary origin. The policy contained a condition that it should be void if the premises should become “ vacant and unoccupied.” The dwelling-house was a summer residence of the plaintiff. He resided in it in the summer and fall of 1876, and removed therefrom in November of…
2Cases cited4 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- North American Fire Insurance v. ZaengerIllinois Supreme Court · 1872
- American Insurance v. PadfieldIllinois Supreme Court · 1875
- Alston v. Old North State InsuranceSupreme Court of North Carolina · 1879
3Cited by53 opinions
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Janneck v. Metropolitan Life InsuranceNew York Court of Appeals · 1900
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
- Sneck v. Travellers' InsuranceNew York Supreme Court · 1895
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