Skinner v. . Norman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 28, 1897, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 28, 1897, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Restrictions inserted in a policy of insurance upon the powers of the agent to waive any condition, unless done in a particular manner, cannot be deemed to apply to those conditions which relate to the inception of the contract, when it…
1Opinion of the CourtCullen, J.
This action was brought tó recover on a fire insurance policy on a steamboat. The substantial defense pleaded was that at the time of the issue of the policy the property was incumbered by a chattel mortgage, no reference to which was indorsed upon or added to the policy. That the boat was so incumbered, and that notice of the incumbrance was not indorsed upon the policy are conceded, and it -is also conceded that these facts ¡prima facie rendered the policy void. The plaintiff sought to relieve himself from a forfeiture of the policy by proof of the negotiations which took place between his…
2Cases cited5 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
- Reynolds v. . Commerce Fire Ins. Co. of N.Y.New York Court of Appeals · 1872
3Cited by25 opinions
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- S. & E. Motor Hire Corp. v. New York Indemnity Co.New York Court of Appeals · 1930
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
- Whipple v. . Prudential Ins. Co.New York Court of Appeals · 1917
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
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