Michael v. Prussian National Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 30, 1901, affirming a judgment in favor of plaintiff entered upon' a verdict directed by the court and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 30, 1901, affirming a judgment in favor of plaintiff entered upon' a verdict directed by the court and an order denying a motion for a new trial. The action was brought by the Buffalo Elevating Company upon a policy of insurance, issued to it by the defendant, to recover the insurance moneys, by reason of the destruction of its elevator plant by a fire, <3n August 13th, 1900. The above-named plaintiff has been substituted as such in the place of the Buffalo Elevating Company.…
1Opinion of the CourtGray, J.
The contract of insurance is quite exceptional in its nature and the difficulty of the case arises in the construction, ivhich it should receive under the circumstances as disclosed by the evidence. The insurance is neither, specifically, upon the building, nor.upon the machinery, which it contains. It is “ on the vse and occupancy of the property and elevator building, with boiler and engine houses attached.” The condition, upon which the liability of the insurer accrues, is the happening, through a fire, of such destruction, or damage, “ as to prevent the elevating and other handling of…
2Cases cited5 opinions
- Janneck v. Metropolitan Life InsuranceNew York Court of Appeals · 1900
- Riggs v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
- Foley v. Manufacturers & Builders' Fire InsuranceNew York Court of Appeals · 1897
- Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
- Harris v. Eagle Fire Co.New York Supreme Court · 1810
3Cited by27 opinions
- Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
- New England Gas & Electric Ass'n v. Ocean Accident & Guarantee Corp.Massachusetts Supreme Judicial Court · 1953
- Ira S. Bushey & Sons v. American InsuranceNew York Court of Appeals · 1923
- Stuyvesant Ins. Co. v. Jacksonville Oil MillCourt of Appeals for the Sixth Circuit · 1926
- Preston v. . Aetna Insurance Co.New York Court of Appeals · 1908
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