Legal Opinion

Maher v. Home Insurance

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 3 opinions

Appeal by the plaintiff, Denis Maher, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 18th day of July, 1901, upon the decision of the court, rendered after a- trial before the court without a jury, dismissing the plaintiff’s complaint upon the merits.

1Opinion of the Court

Parker, P. J.:

On November 20, 1897, the defendant issued a policy of insurance to the plaintiff, whereby it insured him against loss or damage by fire, upon two certain buildings then owned by him in the city of Albany, in the sum of $500 upon each building. On July 15, 1900, such buildings were burned and greatly damaged by fire. Proofs of loss were made by the plaintiff, and a claim for damages under such policy was presented to the defendant company. A difference arose between the parties as to the amount of loss. They thereupon signed the written ■ submission to appraisers, and each party…

2Cases cited5 opinions

  1. Bell v. . MerrifieldNew York Court of Appeals · 1888
  2. Murtha v. . CurleyNew York Court of Appeals · 1882
  3. Bradshaw v. Agricultural Insurance of WatertownNew York Court of Appeals · 1893
  4. Kaiser v. Hamburg-Bremen Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
  5. Sullivan v. Traders' Insurance Co. of ChicagoNew York Court of Appeals · 1901

3Cited by3 opinions

  1. Bellinger v. German Insurance Co.New York Supreme Court · 1906
  2. New York Mutual Savings & Loan Ass'n v. Manchester Fire Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. Bellinger v. German InsuranceAppellate Division of the Supreme Court of the State of New York · 1904

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