Berry v. American Central Insurance of St. Louis
New York Supreme Court
Appeal from a judgment entered in Jeffeison county upon a decision made at a circuit in that county after a trial before the court without a jury. Action to recover upon an insurance policy.
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Appeal from a judgment entered in Jeffeison county upon a decision made at a circuit in that county after a trial before the court without a jury. Action to recover upon an insurance policy. The defense was a want of title in the plaintiff to the property insured; and also setting up : “ the settlement of the claim under said policy and a release and the receipt for such loss by a delivery of a draft of $400.” Plaintiff replied that the settlement was procured by means of false, fraudulent representations ; that the draft had never been used ; that there had been an offer to return the same…
1Opinion of the CourtHardin, P. J.
After carefully looking into the evidence given on the trial we are satisfied that the findings of fact are supported by the evidence, and are in accord with the weight of the evidence ; we must, therefore, accept the findings of fact made by the trial judge. We cannot, therefore, agree with the learned counsel for the appellant, who claims in his points that “ there is no evidence out of which the court can spell fraud,” in respect to the circumstances attending the interview between the plaintiff and the agent of the defendant at the time the plaintiff was induced to surrender the policy…
2Cases cited8 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Cross v. National Fire InsuranceNew York Court of Appeals · 1892
- Bennett v. . Agr'l Ins. Co. of WatertownNew York Court of Appeals · 1887
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