Hand v. . Williamsburgh City Fire Ins. Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the ■ Supreme Court in the first judicial department, affirming a judgment in favor of the plaintiff, entered on a verdict. This action was brought upon a policy of fire insurance. The facts pertinent to the questions presented on the appeal sufficiently appear in the opinion.
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Appeal from a judgment of the General Term of the ■ Supreme Court in the first judicial department, affirming a judgment in favor of the plaintiff, entered on a verdict. This action was brought upon a policy of fire insurance. The facts pertinent to the questions presented on the appeal sufficiently appear in the opinion. Plaintiff’s neglect to notify the Westchester Insurance Company is a default on her part, which, if it has caused a loss, is one that she cannot impose upon defendant. (McMahon v. P. M. & F. Ins. Co., 2 Frost [N. H.], 15; Bilbrough v. Met. Ins. Co., 5 Duer, 587.) Plaintiff…
1Opinion of the Court
Lott, Ch. C.
The first question presented by the appeal in this case is, whether the plaintiff was, under the terms of the policy considered in connection with the facts hereinafter mentioned, entitled, to recover the amount of loss and damage by fire to the building covered thereby, assuming it to have been in force at the time the fire occurred. It bears date on the 30th day of March, 1861, and, in express terms, insures the plaintiff, by name, against such loss and damage to the amount of $3,000, but declares that the loss, if any, shall be payable to B. E. Curtis. The fact of damage done…
2Cited by6 opinions
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Southern Nat. Ins. Co. of Austin v. BarrCourt of Appeals of Texas · 1912
- Hoffman v. Insurance CompaniesTennessee Supreme Court · 1890
- Galantshik v. Globe Fire InsuranceNew York Court of Common Pleas · 1894
- Lattan v. Royal InsuranceSupreme Court of New Jersey · 1883
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