Legal Opinion · Dissent

Northrup v. Piza

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899Published

Appeal by the plaintiffs, Milton M. Northup and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 7th day of January, 1899, upon the decision of the court, rendered after a trial at the Oneida Trial Term, dismissing the complaint upon the merits.

1Dissent

Spring, J. (dissenting):

The original policy was issued April 4, 1894. It described five buildings which were covered by it, each in the sum of $2,000. The *292policy restricted occupancy to dwellings only, permitted alterations and repairs, and the completion of the buildings; as they were, unfinished at the time of the issuance of the policy, and then contained this clause: “It is understood that entire division walls extend to roofs "between each of the above-described buildings.”

This was a material provision and was untrue in fact for a - hallway- led across the entire rear portion of the…

2Cases cited3 opinions

  1. McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
  2. Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
  3. Collins v. CollinsMississippi Supreme Court · 1875

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