Walrath v. . Hanover Fire Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 27, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint unamended does not declare upon an oral contract for insurance, but is limited to a demand upon a written policy of insurance. (Northam v. D. C. Mut. Ins.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 27, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint unamended does not declare upon an oral contract for insurance, but is limited to a demand upon a written policy of insurance. (Northam v. D. C. Mut. Ins. Co., 177 N. Y. 73.) The amendment of the complaint at the conclusion of the trial to conform the pleadings to the proof was improperly allowed.…
1Opinion of the CourtCollin, J.
The plaintiff recovered at the Trial Term a judgment for damages sustained by reason of a breach by the defendant of a contract to insure against loss by fire buildings of the plaintiff. The Appellate Division affirmed the judgment. The appellant asserts that it is aggrieved by the judgment, because the complaint alleges, it asserts, as the cause of action, a breach by the defendant of an executed contract whereby it did insure against fire the buildings of the plaintiff. It preserved throughout the trial by objections and exceptions the right to urge here its assertion.
The complaint consists…
2Cases cited14 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
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3Cited by51 opinions
- Sherri v. National Surety Co.New York Court of Appeals · 1926
- Howard Stores Corp. v. PopeNew York Court of Appeals · 1956
- Jackson v. . StrongNew York Court of Appeals · 1917
- West Side Federal Savings & Loan Ass'n v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1984
- In Re the Accounting of JamesNew York Court of Appeals · 1917
46 more not listed; retrieve them via the Exa API.