Bush v. . Westchester Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered on a verdict. This action was upon a policy of insurance issued by the defendant for $2,500 upon the plaintiff’s stock of goods, consisting of hardware, cutlery, crockery, etc. There was other insurance upon the property to the amount of $7,000 in four other companies.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered on a verdict. This action was upon a policy of insurance issued by the defendant for $2,500 upon the plaintiff’s stock of goods, consisting of hardware, cutlery, crockery, etc. There was other insurance upon the property to the amount of $7,000 in four other companies. The fire took place on the 24th of November, 1870. Part of the stock was saved in a damaged condition. By the ninth condition of the policy the plaintiff was required, among other…
1Opinion of the CourtRapallo, J.
We think that the charge on the subject of the authority of Sly & Straight, and the effect of their acts, was erroneous. It was not proved that they had ever acted for the company in adjusting losses or waiving conditions before the occasion in question, nor that they were agents of the company for any other purpose than that of issuing and countersigning policies upon risks accepted by the company; yet, the judge who presided at the trial charged the jury, in substance, in reference to the omission of the plaintiff to furnish proofs of loss, as required by the policy, that, so far as Sly &…
2Cited by28 opinions
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Ermentrout v. Girard Fire & Marine InsuranceSupreme Court of Minnesota · 1895
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
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