Halpin v. . Phenix Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14,1886, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14,1886, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel the defendant to execute and deliver to the plaintiff a satisfaction of a mortgage executed by the plaintiff and Ins wife to the East Brooklyn Savings Bank, and subsequently assigned to defendant, and to deliver up the bond secured by said mortgage. The defendant had issued a policy of insurance for $2,500 to…
1Opinion of the CourtBrown, J.
The appellant excepted to the finding that “ the insured property, at the time of the fire, was in the occupation of the plaintiff,” and asks this court to review that finding on the ground that it is without evidence tending to sustain it.
It is claimed hy the respondent that that question is 'not reviewable here, for the reason that the case contains no statement that all the evidence given on the trial is contained within it and cites Porter v. Smith (107 N. Y. 531), in support of his contention.
In the case cited it was sought to have the General Term review a finding of fact made upon…
2Cases cited16 opinions
- Porter v. . SmithNew York Court of Appeals · 1887
- Ford v. MonroeNew York Supreme Court · 1838
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Becker v. . BoonNew York Court of Appeals · 1874
- Carman v. . PultzNew York Court of Appeals · 1860
11 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Murray v. O'BrienWashington Supreme Court · 1909
- Van Bokkelen v. . BerdellNew York Court of Appeals · 1891
97 more not listed; retrieve them via the Exa API.