Davis v. Guardian Assur. Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by Abraham Davis against the Guardian Assurance Company. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes, defendant appeals. This action was begun March 4, 1892, to recover from an insurer damages caused by fire.
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Appeal from circuit court, New York county. Action by Abraham Davis against the Guardian Assurance Company. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes, defendant appeals. This action was begun March 4, 1892, to recover from an insurer damages caused by fire. The defendant by a written policy insured the plaintiff from June 27, 1891, to June 27, 1894, against loss or damage by fire, not exceeding $1,500, on his household furniture, clothing, stores, and supplies, situate at No. 141 First avenue, in the city…
1Opinion of the CourtFollett, J.
Only two defenses are set up in the answer: (1) That the plaintiff refused to permit the damages to be appraised, pursuant to the terms of the policy, and (2) that the plaintiff falsely and fraudulently overstated in his verified proofs of loss the value of the property destroyed and injured, and the damage to the property injured. On the trial, no objection being interposed that such a defense was not pleaded, the defendant gave evidence which, it insisted, required the jury to find that the plaintiff fraudulently set, or caused to be set, the fire which occasioned the damages. On the trial…
2Cases cited3 opinions
- Sternfeld v. Park Fire InsuranceNew York Supreme Court · 1888
- Furlong v. Agricultural Ins.New York Supreme Court · 1892
- Unger v. People's Fire InsuranceNew York Court of Common Pleas · 1871
3Cited by3 opinions
- American Home Fire Assur. Co. v. Juneau Store Co.Court of Appeals for the Seventh Circuit · 1935
- Simon Cloak & Suit Co. v. Ætna Ins.City of New York Municipal Court · 1912
- Bass v. Williamsburgh City Fire Ins.Appellate Terms of the Supreme Court of New York · 1913