Woodruff v. Imperial Fire Insurance Co. of London, England
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 15,1879, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon a policy of fire insurance. The facts pertinent to the questions discussed are set forth sufficiently in the opinion; The house being vacant at the time of and before the fire the policy was avoided. (Paine v. Ins.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 15,1879, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon a policy of fire insurance. The facts pertinent to the questions discussed are set forth sufficiently in the opinion; The house being vacant at the time of and before the fire the policy was avoided. (Paine v. Ins. Co. 5 T. & C. 619; Alexander v. Germania Ins. Co., 66 N. Y. 464; Ashworth v. Ins. Co., 112 Mass. 422.) The knowledge of defendant’s agent that it…
1Opinion of the CourtDanforth, J.
As to the plaintiff’s loss from a cause within the terms of the policy, there is no dispute, and he is entitled to the indemnity for which he bargained, unless there was on his part a violation of some condition or warranty expressed in that instrument. The amount of .the loss, however, was in issue upon the pleadings. The recovery was justified by the plaintiff’s evidence, but it is claimed by the learned counsel for the appellant that such evidence was improperly received, and whether it was or not is the first question to be considered. The application on which the policy issued contains…
2Cases cited7 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Alexander v. . Germania Fire Ins. Co.New York Court of Appeals · 1876
- Ashworth v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
- Browning v. . Home Insurance CompanyNew York Court of Appeals · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
- German-American Insurance v. YeagleyIndiana Supreme Court · 1904
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
22 more not listed; retrieve them via the Exa API.