Dougherty v. . Lion Fire Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 23, 1904, affirming a judgment in favor of defendant Lion Fire Insurance Company entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 23, 1904, affirming a judgment in favor of defendant Lion Fire Insurance Company entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The appellants invoke the settled rule here that they are entitled to the benefit of the findings of fact most favorable to them. If there are findings contradictory or inconsistent they are not available to sustain the judgment of…
1Opinion of the CourtWerner, J.
This action was brought to reform a fire insurance policy, and upon the contract as reformed to recover the amount of loss sustained. The reformation asked for was the insertion in the policy of the names of the plaintiffs and defendants Dougherty as beneficiaries in the place of Catharine Dougherty, deceased, the beneficiary named therein. The facts upon which this claim for reformation is based are, briefly, as follows: For many years Catharine Dougherty had been the owner of the insured premises. She died intestate in April, 1897, leaving her surviving the plaintiffs and the defendants…
2Cases cited1 opinion
- Miller v. New York & North Shore Railway Co.New York Court of Appeals · 1905
3Cited by9 opinions
- Scheuer v. ScheuerNew York Court of Appeals · 1955
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1918
- Hartley v. . Eagle Insurance Co.New York Court of Appeals · 1918
- Burt Olney Canning Co. v. . StateNew York Court of Appeals · 1921
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