Legal Opinion · Dissent

Matthews v. American Central Insurance

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896Published

Motion by the defendant, The American Central Insurance Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury, rendered by direction of the court after a trial at 'a Trial Term of the Supreme Court, held in and for the county of " Steuben on the 6th day of January, 1896. August 1, 1889, the defendant, by a New York standard policy, insured Caroline Silvernail for three years…

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Motion by the defendant, The American Central Insurance Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury, rendered by direction of the court after a trial at 'a Trial Term of the Supreme Court, held in and for the county of " Steuben on the 6th day of January, 1896. August 1, 1889, the defendant, by a New York standard policy, insured Caroline Silvernail for three years against damage by fire, to an amount not exceeding $1,050, on the following property: $400 on her frame dwelling house;…

1Dissent

Ward, J. (dissenting):

This is an action to recover upon a standard policy of insurance issued to Caroline Silvernail, a resident of Steuben county, N. Y., by the defendant, an insurance company in St. Louis, Mo., insuring some farm buildings “ against all direct loss or damage by fire,” in an amount specified, for the period of three years.. The policy was issued August 1, 1889. The assured died December 2, 1891. A fire occurred April 20, 1892, destroying a barn, shed and produce .insured, which it was stipulated on the trial was worth the sum of $612, for which the same was insured. The…

2Cases cited16 opinions

  1. Dexter v. . NortonNew York Court of Appeals · 1871
  2. Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
  3. Hayden v. . PierceNew York Court of Appeals · 1895
  4. Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
  5. Sanford v. . SanfordNew York Court of Appeals · 1875

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