Whited v. . Germania Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 13 Hun, 191.) The nature of the action and the facts arc set forth sufficiently in the. opinion. A policy of insurance is a contract upon condition, and a breach of the condition will avoid the policy. (Jennings v. Chenango Mut. Ins. Co., 2 Den., 75; Jube v. Brooklyn Fire Ins.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 13 Hun, 191.) The nature of the action and the facts arc set forth sufficiently in the. opinion. A policy of insurance is a contract upon condition, and a breach of the condition will avoid the policy. (Jennings v. Chenango Mut. Ins. Co., 2 Den., 75; Jube v. Brooklyn Fire Ins. Co., 28 Barb., 412; Pindar v. Resolute Fire Ins. Co., 47 N. Y., 114.) Insurance contracts being dependent-to a great extent upon the good…
1Opinion of the CourtFolger, J.
This is an action upon a policy of insurance against loss or damage by fire. The policy was, at the start, made to the plaintiff, on his two-story frame dwelling-house ; to him as owner of it. It began the risk in 1869, and ended it in 1870. The policy was signed by the president and secretary of the defendant, and was countersigned by “ O. J. Harmon, Agent.” It was renewed in 1870, for one year; into 1.871. o The renewal certificate was signed by the president and secretary of the company ; it in terms insured the plaintiff and continued in force the policy for one year longer; and had in it…
2Cases cited3 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Sprague v. . Holland Purchase Ins. Co.New York Court of Appeals · 1877
- Fish v. . CottenetNew York Court of Appeals · 1871
3Cited by39 opinions
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Knights of Pythias v. WithersSupreme Court of the United States · 1900
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Allen v. German American InsuranceNew York Court of Appeals · 1890
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
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