Wilber v. Williamsburgh City Fire Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May Id, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action upon a policy of fire insurance. The facts, so far as material, are stated in the opinion. The plaintiff was not entitled to recover because the assured had failed to furnish proofs of loss.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May Id, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action upon a policy of fire insurance. The facts, so far as material, are stated in the opinion. The plaintiff was not entitled to recover because the assured had failed to furnish proofs of loss. (Brink v. H. F. Ins. Co., 70 N. Y. 593; Goodwin v. Ins. Co., 73 id. 480; Prentice v. Ins. Co., 77 id. 483; Brink v. Ins.…
1Opinion of the CourtParker, J.
The plaintiffs assignors, Leslie & Co., through
Sands & Flynn, brokers, obtained a policy of insurance from the defendant against loss by fire, dated September 12, 1885. Subsequently, and in two instalments they gave to the brokers the amount of the premium, who retained it. The defendant, not having received it on December 19tli following, sent to the insured a registered letter, which, after describing the policy and asserting the omission to pay the jiremium, con■cluded as follows: “ And by reason of such non-payment the ¡said company hereby gives you notice that from and after December…
2Cases cited2 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
3Cited by10 opinions
- Norm Advertising, Inc. v. Monroe Street Lumber Co.Washington Supreme Court · 1946
- Michigan Mutual Life Insurance v. ThompsonIndiana Court of Appeals · 1908
- Citizens' Fire Insurance v. SwartzAppellate Terms of the Supreme Court of New York · 1897
- John R. Davis Lumber Co. v. Home Insurance Co. of New YorkWisconsin Supreme Court · 1897
- Star Publishing Co. v. Knosher & Co.Washington Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.