Buffalo Elevating Co. v. Prussian National Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Prussian National Insurance Company, 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 29th day of April, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 29th day of April, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Prussian National Insurance Company, 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 29th day of April, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 29th day of April, 1901, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff is a domestic business corporation owning a grain elevator in the city of Buffalo. The defendant is a foreign insurance company organized pursuant…
1Opinion of the Court
Spring, J.:
The plaintiffs owned an elevator building situate on Blackwell canal and Hatch slip in the city of Buffalo, and known as the Dakota elevator. The defendant issued its policy on the “use and occupancy ” of this property. The premium paid was $2.6.25, and the insurance was- not to exceed $1,500. The contract of insurance contained the condition that if “the Property, Buildings or Machinery therein, or either of them, or any part, thereof, shall be destroyed, or.so damaged as to prevent the elevating and other handling of grain, this Company shall be liable at the rate of $4.77 per…
2Cases cited4 opinions
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
- Foley v. Manufacturers & Builders' Fire InsuranceNew York Court of Appeals · 1897
- Smith v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Voisin v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
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- Voss v. Netherlands InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
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