Legal Opinion

Kelly v. Home Mutual Fire Insurance

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

Decided March 3, 1920PublishedCited by 2 opinions

Appeal by each of the above-named insurance companies from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of said county on the 10th day of December, 1919, denying a motion made by each of said companies for a commission to take the deposition of a witness without the State.

1Opinion of the Court

Woodward, J.:

The complaint set up causes of action based upon policies of insurance issued by the defendants, and demands judgment for *765the amount of the several policies. After putting in issue some of the allegations of the complaint a defense is alleged to the effect that “said fire of July 14th, 1918, and the'loss and damage occasioned thereby were caused by the intentional act of plaintiff, by setting fire to said property to cause the destruction thereof, and for the purpose and with the intention of collecting the insurance thereon described in the complaint herein, and for the purpose…

2Cases cited3 opinions

  1. Mayer v. . the PeopleNew York Court of Appeals · 1880
  2. People v. . MarrinNew York Court of Appeals · 1912
  3. People v. . WeaverNew York Court of Appeals · 1904

3Cited by2 opinions

  1. In re the Estate of DaleNew York Surrogate's Court · 1936
  2. Personal Linen Supply Co. v. CiampiAppellate Division of the Supreme Court of the State of New York · 1965

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