Caraher v. Royal Insurance
New York Supreme Court
Appeals from judgment on report of referee. Three actions by Mary A. Caraher, as executrix of Patrick Caraher, deceased, and others, against the Royal Insurance Company of Liverpool, the Home Insurance Company, and the Springfield Fire & Marine Insurance Company, respectively, and three actions by Mary A. Caraher, as executrix of Patrick Oaraher, deceased, against the Standard Fire Insurance Company, the Newark Fire Insurance Company, and the American Central Insurance…
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Appeals from judgment on report of referee. Three actions by Mary A. Caraher, as executrix of Patrick Caraher, deceased, and others, against the Royal Insurance Company of Liverpool, the Home Insurance Company, and the Springfield Fire & Marine Insurance Company, respectively, and three actions by Mary A. Caraher, as executrix of Patrick Oaraher, deceased, against the Standard Fire Insurance Company, the Newark Fire Insurance Company, and the American Central Insurance Company, respectively. Judgment for plaintiffs or plaintiff in each case. Defendant in each case appeals. These action were…
1Opinion of the CourtMerwin, J.
Two questions are presented, which are involved in each of the cases: First, that the referee erred in finding the actual loss and damage to be $25,500; and, second, that the interest of Caraher in the property was not that of unconditional and sole ownership, and that, therefore, the policies, by their terms, were void.
1. The evidence was conflicting upon the subject of the amount of the loss. Witnesses upon either side made their estimates,and stated the manner in which they arrived at results. We are of the opinion that the evidence warranted the conclusions of the referee upon the…
2Cases cited13 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Dolliver v. St. Joseph Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1880
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3Cited by3 opinions
- Des Moines Ice Co. v. Niagara Fire InsuranceSupreme Court of Iowa · 1896
- Globe & Rutgers Fire Ins. v. Alaska-Portland Packers' Ass'nCourt of Appeals for the Ninth Circuit · 1913
- Ladd v. Aetna InsuranceNew York Supreme Court · 1893