Armour v. Transatlantic Fire Insurance Co. of Hamburg, Germany
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made on the first Monday of March, 1881, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiffs’ complaint on trial. (Reported below, 15 J. <& S. 352,) This action was upon a policy of fire insurance, the material portions of'which, as well as the facts pertinent to the questions discussed, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made on the first Monday of March, 1881, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiffs’ complaint on trial. (Reported below, 15 J. <& S. 352,) This action was upon a policy of fire insurance, the material portions of'which, as well as the facts pertinent to the questions discussed, are stated in the opinion. The representation by Dickinson as to the rate of insurance was at most an immaterial statement, being a mere expression of opinion…
1Opinion of the CourtRapallo, J.
The court at the trial dismissed the complaint in thie, 'ption, on the defendant’s evidence, and refused the plaintiffs’ request to submit the questions of fact in the case to the jury. The only questions for our consideration are whether the facts alleged on the part of the defendant were, or either of them was, sufficient to defeat the plaintiffs’ claim to recover, and so clearly proved by conclusive or uncontroverted evidence as to justify the court in withdrawing the case from the consideration of the jury. The action was upon a policy of insurance issued by the defendant upon a warehouse…
2Cases cited2 opinions
- Wall v. Howard InsuranceNew York Supreme Court · 1852
- Gates v. . the Madison County Mutual Insurance CompanyNew York Court of Appeals · 1848
3Cited by22 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Smith v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Sparer v. Travelers Insurance of HartfordAppellate Division of the Supreme Court of the State of New York · 1919
- American Surety Co. v. Patriotic Assurance Co.New York Court of Appeals · 1926
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1900
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