Thieme v. Niagara Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Niagara Fire Insurance Company, ■from a judgment of the Supreme Court in favor of the plaintiff, ■entered in the office of the clerk of the county of New York on the •31st day of May, 1904, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s •office on the 16th day of May, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The plaintiff, the owner of a dwelling house in the city of New York, procured a policy of insurance from the defendant, by which the defendant agreed to insure the plaintiff against loss or damage by fire to the amount of $1,000 on a two-story frame dwelling situated on the rear of a lot on Mary street, in Westchester, New York ■city, for a term of three years from the 17th day of May, 1901. The complaint alleges that on or about the 5th day of July, 1901, the building was wholly destroyed by fire. The answer- of the defendant as a defense alleges that one of the conditions of…
2Cases cited3 opinions
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Huber v. Manchester Fire Assur. Co.New York Supreme Court · 1895
3Cited by3 opinions
- Alex & Gregory, Inc. v. Nick La Vista's Glen Cove Service Station, Inc.New York Supreme Court · 1984
- Bank of America, N.A. v. LillyNassau County District Court · 2017
- Seubert v. Fidelity-Phenix I. Co.South Dakota Supreme Court · 1912