Walrath v. Hanover Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 25th day of April, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of April, 1911, denying the defendant’s motion for a new trial made upon the minutes. Judgment and order affirmed, with costs.
Read the full summary
Appeal by the defendant from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 25th day of April, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of April, 1911, denying the defendant’s motion for a new trial made upon the minutes. Judgment and order affirmed, with costs. All concurred; Betts, J., in opinion, except Houghton, J., dissenting in opinion in which Kellogg, J., concurred on last ground stated therein.
1Dissent
Houghton, J. (dissenting):
A former judgment obtained by the plaintiff against this defendant on the theory that a policy of fire insurance had been issued and delivered by the defendant was reversed by this court (139 App. Div. 407) on the ground that the facts proven did not warrant a recovery. Without any amendment of the complaint before trial another verdict has been obtained on the theory that there was a breach of an oral contract to issue a policy of insurance. At the outset of the second trial the defendant protested that the complaint was insufficient to warrant a recovery on this…
2Cases cited4 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Northam v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1903
- Hill v. WeidingerAppellate Division of the Supreme Court of the State of New York · 1906
- Walrath v. Hanover Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1910