Manchester v. . Guardian Assurance Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered July 28, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Circuit. This action was brought to recover the amount alleged to he due on a policy of fire insurance. The facts, so far as material, are stated in the opinion. The defendant is estopped from its present defense.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered July 28, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Circuit. This action was brought to recover the amount alleged to he due on a policy of fire insurance. The facts, so far as material, are stated in the opinion. The defendant is estopped from its present defense. (Ellis v. A. C. F. I. Co., 50 N. Y. 402; More v. N. Y. B. F Ins. Co., 130 N. Y. 537; Forward v. C. Ins. Co., 142 N. Y. 382; Baumgartel v. P.…
1Opinion of the CourtMartin, J.
Prior to and upon the eighth day of January, 1889, Ebenezer S. Strait owned certain jxreinises situated in the county of Bensselaer. On that day lie procured from the defendant, through its general agents at Troy, a policy of insurance .upon the buildings on the premises insuring him against loss or damage by lire to the extent of two thousand dollars. It was a 27ew York standard fire insurance policy.
At that time there were several mortgages upon the property held by the Troy Savings Bank amounting to sixteen thousand dollars, and this policy, with others, was held by the bank as collateral,…
2Cases cited8 opinions
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- Angell v. . Hartford Fire Ins. Co.New York Court of Appeals · 1874
- Whited v. . Germania Fire Ins. Co.New York Court of Appeals · 1879
- Ruggles v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1889
- Baumgartel v. Providence Washington InsuranceNew York Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
- Truglio v. Zurich General Accident & Liability InsuranceNew York Court of Appeals · 1928
- Drennan Ex Rel. Drennan v. Sun Indemnity Co.New York Court of Appeals · 1936
- McCabe Bros. v. Aetna InsuranceNorth Dakota Supreme Court · 1899
- Lincoln Park Arms Building Corp. ex rel. Schroeder v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1936
30 more not listed; retrieve them via the Exa API.