Brown v. Dutchess County Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dutchess County Mutual Insurance Company of Poughkeepsie, New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 16th' day of November, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of October, 1900, denying the defendant’s motion for a new trial made upon- the minutes.
1Opinion of the Court
Rumsey, J.:
The action was brought upon an alleged parol agreement for insurance made with one O’Shea, the plaintiff’s assignor; by which it is claimed that the agent of the defendant, on the. 26th- of May, 1898, agreed to issue to O’Shea a policy of insurance for one year, to take effect on the 19th of March, 1899, upon certain property situated upon Main street, Youngstown, Niagara county, in this State. The premises were destroyed by fire on the 14th of April, 1899, and, a^ter giving notice of the fire and serving proofs of loss, the claim against the defendant was assigned to the…
2Cases cited2 opinions
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
- Shank v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Metzger v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1930
- Struzewski v. . Farmers' Fire Ins. Co.New York Court of Appeals · 1919
- St. Paul Fire & Marine Insurance v. Trustees of Christian ChurchCourt of Appeals of Kentucky (pre-1976) · 1935
- Underwood v. Pennsylvania Fire InsuranceNew York Supreme Court · 1912
- Brown v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1904