New York Mutual Savings & Loan Ass'n v. Manchester Fire Assurance Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, The Manchester Fire Assurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 1st day of June, 1903, upon the report of a referee.
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. Appeal by the defendant, The Manchester Fire Assurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 1st day of June, 1903, upon the report of a referee. The defendant issued a policy of insurance dated April 10, 1896, insuring the dwelling house on Hazeltine avenue in the city of Buffalo in the sum of $1,600 to the owner and payable to the plaintiff as mortgagee, whose mortgage éxceeded the amount of the policy. On the 5th day of December, 1898, and during the life of the policy, the insured property…
1Opinion of the Court
Spring, J.:
Mr. Howell was familiar with the house destroyed and at the suggestion of the other appraiser prepared a plan of it and submitted it to him. Mr. Howell claimed that the building was worth' the amount of the policy and was totally destroyed, and on that account the only fact to be ascertained by the others was whether the destruction was complete. He and Mr. Vanderwerf had three meetings each for a few moments only, and no comparisons of estimates was had by them and no figures were submitted to Howell by Vanderwerf at any time. Vanderwerf took the plans and made his estimate and…
2Cases cited6 opinions
- Bradshaw v. Agricultural Insurance of WatertownNew York Court of Appeals · 1893
- Kaiser v. Hamburg-Bremen Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Strome v. London Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1897
- Schmitt Bros. v. Boston InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Strome v. . London Assurance CorporationNew York Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- J. E. Davis Mfg. Co. v. Firemen's Fund Ins.District Court, N.D. New York · 1914
- Mayer v. Phœnix Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1908