McManus v. Western Assurance Co. of Toronto
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, The Western Assurance Company of Toronto, Canada, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the-26th day of January, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of January, 1898, denying the defendant’s. motion for a. new trial made upon the minutes.
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■ Appeal by the defendant, The Western Assurance Company of Toronto, Canada, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the-26th day of January, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of January, 1898, denying the defendant’s. motion for a. new trial made upon the minutes. The complaint alleges.the insurance of the plaintiff by the defendant by its policy issued to,her to the extent of $5,000 on household furniture and other personal property ; its…
1Opinion of the Court
Gaynor, J.:
There is a question of pleading. Compliance by the plaintiff with each of the provisions of the policy for the furnishing of proofs of loss, and for the ascertainment of the amount of loss by agreement or by appraisal, was a condition precedent to the plaintiff’s right of action; and by the terms of the policy the company had sixty days after such compliance within which to pay. It follows that it was for the plaintiff to plead and prove such compliance. Under common-law pleading it was necessary for the plaintiff to particularly plead' each condition precedent and compliance…
2Cases cited11 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Stillwell v. . StaplesNew York Court of Appeals · 1859
- Thompson v. . BurhansNew York Court of Appeals · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Globe & Rutgers Ins. Co. of New York v. Prairie Oil & Gas Co.Court of Appeals for the Second Circuit · 1917
- Kent v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Downs v. LehmanAppellate Division of the Supreme Court of the State of New York · 1907
- Sullivan v. Fraternal Societies' Co-operative Indemnity UnionNew York Supreme Court · 1901
- Congdon v. Oneida County Grange Co-operative Fire InsuranceNew York Supreme Court · 1952
3 more not listed; retrieve them via the Exa API.