Legal Opinion

Davenport v. Long Island Insurance

New York Court of Common Pleas

Decided June 5, 1882PublishedCited by 15 opinions

Appeal from a judgment of this court entered upon the verdict of a jury, and from an order denying a motion for a new trial. The facts are stated in the opinion.

1Opinion of the Court

Charles P. Daly, Chief Justice.

It was provided by the terms of the policy, that in case of loss the amount of damage might be determined by mutual agreement between the company and the assured, or, failing to agree as to the amount of damage, that the same should, at the written request of either party, be ascertained by an appraisal and estimate by competent and impartial appraisers, one to be selected by each party ; and that the two so chosen should first select an umpire to act with them in case of their disagreement; and that if the appraisers failed to agree, they should refer the *536diffic…

2Cases cited4 opinions

  1. United States v. RobesonSupreme Court of the United States · 1835
  2. President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
  3. Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
  4. Altman v. BenjaminNew York Court of Common Pleas · 1874

3Cited by15 opinions

  1. Chippewa Lumber Co. v. Phenix InsuranceMichigan Supreme Court · 1890
  2. Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896
  3. Hickerson & Co. v. Insurance CompaniesTennessee Supreme Court · 1896
  4. Chapman v. Rockford InsuranceWisconsin Supreme Court · 1895
  5. Connecticut Fire Insurance v. CohenCourt of Appeals of Maryland · 1903

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