Paltrovitch v. Phœnix Insurance Co. of Hartford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action upon two jiolicies of insurance issued hy defendant upon a stock of goods, household goods and furniture belonging to plaintiff. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action upon two jiolicies of insurance issued hy defendant upon a stock of goods, household goods and furniture belonging to plaintiff. The facts, so far as material, are stated in the opinion. The insertion in the policy of the clause providing for the certificate of the magistrate or notary was made compulsory upon the defendant by chapter 486, Laws of 1886, and,…
1Opinion of the CourtFinch, J.
The loss by fire which the plaintiff seeks to recover occurred in the city of Buffalo on the eleventh day of May, 1891. The insured made out and forwarded his proofs of loss, which reached the defendant company on the 15th of the following June. Accompanying such proofs of loss was. a certificate in the substantial form required by the policy, which was signed by A. J. Roehner, a notary public. The policy provides that such a certificate made by the magistrate or notary “ living nearest the place of the fire ” shall be furnished by the insured if required. No such requirement had been made…
2Cases cited2 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Turley v. North American Fire InsuranceNew York Supreme Court · 1841
3Cited by15 opinions
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
- Porter v. . Traders' Ins. Co.New York Court of Appeals · 1900
- St. Paul Fire Marine Ins. Co. v. MittendorfSupreme Court of Oklahoma · 1909
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