McClave v. . Gibb
New York Court of Appeals
Appeal, by permission, from a judgment of the General Term o| the late Superior Court of the city of New York, entered December 26, 1895, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term, and from an order affirming an order denying a motion to set aside a verdict, previously rendered by a jury, upon certain issues framed for submission to them.
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Appeal, by permission, from a judgment of the General Term o| the late Superior Court of the city of New York, entered December 26, 1895, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term, and from an order affirming an order denying a motion to set aside a verdict, previously rendered by a jury, upon certain issues framed for submission to them. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to receive or consider upon the new trial the evidence and proceedings taken at the prior…
1Opinion of the CourtHaight, J.
This action was brought to set aside the award of appraisers appointed under two policies of insurance to fix the amount of plaintiff’s damage by fire, and to recover the amount of his actual damage. The defendant is one of forty persons engaged in the fire insurance business under the name of the American Lloyds. The plaintiff is the holder of two policies issued upon the premises known as numbers 602 to 610 West Twenty-second street, in the city of New York, which were destroyed by fire on the 12th day of April, 1893. The award of the appraisers was attacked upon various grounds, among…
2Cases cited9 opinions
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Van Alst v. HunterNew York Court of Chancery · 1821
- Vermilyea v. . PalmerNew York Court of Appeals · 1873
- Birdsall v. . PattersonNew York Court of Appeals · 1872
- Acker v. . LelandNew York Court of Appeals · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Carroll v. . BullockNew York Court of Appeals · 1913
- National Ass'n for the Advancement of Colored People v. Acusport, Inc.District Court, E.D. New York · 2003
- Byrne v. McKeachieSouth Dakota Supreme Court · 1912
- NAACP v. AcuSport, Inc.District Court, E.D. New York · 2003
17 more not listed; retrieve them via the Exa API.