Allen v. German American Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in third judicial department; entered upon an order made December 8, 1888, which affirmed a judgment at Special Term in favor of defendant entered upon a decision of the court on trial at Circuit without a jury. This action was upon a policy of fire insurance issued by defendant to plaintiffs. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in third judicial department; entered upon an order made December 8, 1888, which affirmed a judgment at Special Term in favor of defendant entered upon a decision of the court on trial at Circuit without a jury. This action was upon a policy of fire insurance issued by defendant to plaintiffs. The facts, so far as material, are stated in the opinion. It is enough if any or all of the plaintiffs are entitled to recover the money. (Code Civ. Pro. §§ 446, 448, 449 ; Winne v. Niagara, 91 N. Y. 185 ; Simar v. Canady, 53 id. 298; Enos v.…
1Opinion of the CourtGray, J.
The fire insurance policy, upon which the plaintiff has sued the defendant, was held, below, to have been forfeited through a violation of the agreement against other-insurance in excess of an amount specified. A brief statement of the facts, as disclosed by the record before us, will aid in an understanding of the reasons for our conclusion that the judgment was right.
One, Noble, was a fire insurance broker, resident, during the summer months, at Lake Placid, where was also the hotel property of the plaintiff. Noble applied to plaintiff Allen, to insure his hotel and personal property, and…
2Cases cited6 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Whited v. . Germania Fire Ins. Co.New York Court of Appeals · 1879
- Alexander v. . Germania Fire Ins. Co.New York Court of Appeals · 1876
- Chase v. . the Hamilton Insurance CompanyNew York Court of Appeals · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Jenkins v. BurgosAppellate Division of the Supreme Court of the State of New York · 1984
- American Motorists Insurance v. SalvatoreAppellate Division of the Supreme Court of the State of New York · 1984
- Liverpool, London & Globe Insurance v. T. M. Richardson Lumber Co.Supreme Court of Oklahoma · 1902
63 more not listed; retrieve them via the Exa API.