Anibal v. Insurance Co. of North America
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Fulton County. Action by Robert P. Aníbal and another against the Insurance Company of North America and another. From a judgment in favor of plaintiffs, defendant insurance company appeals.
Read the full summary
Appeal from Trial Term, Fulton County. Action by Robert P. Aníbal and another against the Insurance Company of North America and another. From a judgment in favor of plaintiffs, defendant insurance company appeals. The action is brought upon a policy of fire insurance issued by the defendant insurance company to John McClellan on the 19th day of January, 1901, whereby he was insured for one ygar against loss by fire to the amount of $800, divided as follows: $500 on building known as the “Little Sprite Hotel”; $125 on furniture therein; $75 on ales, wines, liquors, and cigars therein; $75 on…
1Opinion of the CourtChester, J.
There was sufficient evidence to support a finding that the building was burned by the procurement of the insured, but the learned trial justice did not give credit to that evidence, and found against the contention of the appellant in that respect. The evidence against the conclusion reached, however, is not so preponderating that we should disturb the judgment on that account. But we think the conclusion reached by the trial court with respect to the other defense cannot be sustained. The policy contained a provision that it should be void “in case of any fraud or false swearing by the…
2Cited by9 opinions
- Saks & Co. v. Continental Ins.New York Court of Appeals · 1968
- Domagalski v. Springfield Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1926
- American Home Fire Assur. Co. v. Juneau Store Co.Court of Appeals for the Seventh Circuit · 1935
- Arel v. First National Fire InsuranceMissouri Court of Appeals · 1916
- Bass v. Phœnix Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1914
4 more not listed; retrieve them via the Exa API.