The New York Ice Company v. . North Western Insurance Co.
New York Court of Appeals
Motion to dismiss an appeal from an order of the general term reversing a decision at special term, which allowed a judgment to be amended. The facts are sufficiently stated in the opinion of the court, and in our report of the proceedings below. (11 Ante, 419.)
1Opinion of the Court
By the Court.—Comstock, C. J.
—The object of this suit was to recover the sum of $4,000 in which the defendants by a fire policy insured the plaintiffs. In the complaint it was stated that a certain clause in the policy, descriptive of the subject of insurance, was inserted by mistake, and that the defendants," taking advantage of that clause, had refused to pay the loss. The prayer of the complaint was for the recovery of the $4,000, and, if necessary, that the contract be exorcised by striking out the clause in question. The case was tried before Mr. Justice Ingraham, who dismissed the…
2Cases cited1 opinion
- Crary v. . GoodmanNew York Court of Appeals · 1855
3Cited by39 opinions
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
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