Kirkpatrick v. Allemannia Fire Insurance Co. of Pittsburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John J. Kirkpatrick, "from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Suffolk on the 30th day of March, 1904, upon the verdict of a jury, and also from an order bearing date the 15th day of March, 1904, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The plaintiff, as assignee, brings this action against the defendant to recover on an insurance policy a loss claimed to have been sustained by a corporation, the “Abbey Press,” from fire, and appeals to this court from a judgment in favor of the defendant, entered upon the verdict of a jury.
The only issue litigated was as to the origin of the tire, the defendant claiming that the tire was caused by the insured for the purpose of defrauding the insurance company. The Abbey Press was a corporation of which one Carlos Martyn was president, and Charles F. Rideal was treasurer, the two…
2Cases cited2 opinions
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- Sugarman v. BrengelAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by16 opinions
- Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920
- Dyno-Bite, Inc. v. Travelers Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Fidelity-Phenix Fire Ins. Co. of New York v. Queen City Bus & Transfer Co.Court of Appeals for the Fourth Circuit · 1925
- Northern Assurance Co. v. Rachlin Clothes Shop, Inc.Supreme Court of Delaware · 1924
- Laffin v. RyanAppellate Division of the Supreme Court of the State of New York · 1957
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