Cole v. . Germania Fire Ins. Co.
New York Court of Appeals
Appeal from, judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 7, 1884, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. - This action was brought upon a policy of fire insurance. The material facts are stated in the opinion. Insurance contracts may lawfully be made by paroi. (Angell v. Hartford F. Ins.
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Appeal from, judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 7, 1884, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. - This action was brought upon a policy of fire insurance. The material facts are stated in the opinion. Insurance contracts may lawfully be made by paroi. (Angell v. Hartford F. Ins. Co., 59 N. Y. 171; Trustees, etc., v. Brooklyn Co., 19 id. 305; Fish v. Cottenet, 44 id. 538; Winne v. Niagara Ins. Co., 91 id. 185; O'Reilly v. Corporation, 19 Weekly Dig.…
1Opinion of the CourtAndrews, J.
The original policy, dated January 14, 1881, insured the firm of C. F. Dielmann & Co. against loss or damage by fire “ on their brick building occupied for planing and wood-working purposes, situate Nos. 547 to 555 West Twenty-first street,” in the city of New York, for one year from January 19, 1881, in the sum of $1,000, “ loss, if any, payable to W. C. Herrick, mortgagee,” and contained a special clause known as the “ mortgage clause.” Among the conditions in the policy was one making it void in case of “ increase of hazard ” by the erection of neighboring buildings. During the life of the…
2Cases cited2 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Graham v. . Fireman's Insurance CompanyNew York Court of Appeals · 1881
3Cited by7 opinions
- Swarthout v. . RanierNew York Court of Appeals · 1894
- Trust Co. of St. Louis County v. Phoenix InsuranceMissouri Court of Appeals · 1919
- Genesee Falls Permanent Savings & Loan Ass'n v. United States Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Genesee Falls Permanent Savings & Loan Ass'n v. United States Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Phoenix Mutual Life Insurance Ex Rel. First National Bank v. Aetna InsuranceTennessee Supreme Court · 1933
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