Pelton v. Westchester Fire Insurance
New York Supreme Court
Motion for a new trial on exceptions ordered to be heard in the first instance at the General Term, after a verdict for plaintiff directed by the court. . The plaintiff was the owner of a lot in the village of Monticello.
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Motion for a new trial on exceptions ordered to be heard in the first instance at the General Term, after a verdict for plaintiff directed by the court. . The plaintiff was the owner of a lot in the village of Monticello. On the 3d day of May, 1872, he entered into a contract with one Samuel K. Brown for the sale of said lot to said Brown, which contained, together with the usual provisions of executory contracts for the sale and purchase of land, a covenant on the part of Brown that he would erect on the premises a building worth, at least, $1,000; and that he would keep the premises insured…
1Opinion of the Court
Sawyer, J.:
All of the question’s raised by the appeal in this action have been adjudicated adversely to the appellants (Frink v. Hampden Ins. Co., 1 Abbott [N. S.], 343; Grosvenor v. Atlantic Ins. Co., 17 N. Y., 391; Acer v. Merchants' Ins. Co., 57 Barb., 68; Ætna Ins. Co. v. Tyler, 16 Wend., 385; Dohn v. Farmers' Ins. Co., 5 Lans., 279; Maher v. Hibernian Ins. Co., 6 Hun, 353; Rowley v. Empire Ins. Co., 36 N. Y., 550; Owens v. H. P. Ins. Co., 56 id., 565; Pitney v. Glens Falls Ins. Co., 65 id., 6), except the question, what effect was produced in the relations between the insured and the…
2Cases cited7 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Hutchings v. . MungerNew York Court of Appeals · 1869
- Dohn v. Farmers' Joint-Stock InsuranceNew York Supreme Court · 1871
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