Healy v. Insurance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Insurance Company of the State of Pennsylvania, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 27th day of July, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of July, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover upon a policy of insurance issued to the plaintiffs. The issue and delivery of the policy was admitted by the pleadings, but the defendant denied that it ever received any premium; it denied that the plaintiffs kept all the terms and conditions of the policy; it denied the amount of the *328loss, and as a further defense it alleged that the policy was canceled! before the fire.
The policy was issued on the 19th of August, 1893. It was procured by one Muirheid, a broker employed by the plaintiffs for the-purpose. Muirheid was accustomed to offer to the…
2Cases cited1 opinion
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
3Cited by13 opinions
- Petty v. FolsomSupreme Court of Georgia · 1972
- National Factors, Inc. v. WatersNew York Supreme Court · 1964
- Argonaut Insurance Co. v. AllenCourt of Appeals of Georgia · 1971
- Crews v. CrewsSupreme Court of Georgia · 1963
- Holskin v. HurwitzAppellate Division of the Supreme Court of the State of New York · 1925
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