Legal Opinion

Ertischek v. . New Hampshire Fire Ins. Co. of Manchester

New York Court of Appeals

Decided February 24, 1920PublishedCited by 2 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 26, 1917, reversing a determination of the Appellate Term which reversed a judgment of the Municipal Court of the city of New York in favor of defendant and affirming said Municipal Court judgment. The action was to recover upon a policy of fire insurance.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 26, 1917, reversing a determination of the Appellate Term which reversed a judgment of the Municipal Court of the city of New York in favor of defendant and affirming said Municipal Court judgment. The action was to recover upon a policy of fire insurance. The material defense was that the assured kept, used and allowed benzine on the insured premises without the permission of the company, in violation of the clause of the standard policy which provided that “…

1Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, McLaughlin, Crane and Elkus, JJ.

2Cited by2 opinions

  1. Packard Manufacturing Co. v. Indiana Lumbermens Mutual InsuranceSupreme Court of Missouri · 1947
  2. Filardo v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1928

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