Bryce v. . Lorillard Fire Ins. Co.
New York Court of Appeals
This was an action, brought in the superior court ,of the city of New York, for a reformation of a policy of insurance, and a recovery for a loss under the policy as reformed. The plaintiff claimed, through two assignments, under the party to whom, by the terms of the policy, any loss thereunder was payable.
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This was an action, brought in the superior court ,of the city of New York, for a reformation of a policy of insurance, and a recovery for a loss under the policy as reformed. The plaintiff claimed, through two assignments, under the party to whom, by the terms of the policy, any loss thereunder was payable. The complaint, after stating in the usual manner a cause of action, for a loss under the policy, by the destruction by fire of the property, twenty-seven barrels of whisky therein insured, set forth, in the words of the policy, the description of the property insured, as follows: “…
1Opinion of the CourtFolger, J.
The several exceptions to findings of fact, and to refusals to make findings of fact as requested, are not well taken. To make a legal error in a finding of fact which this court may review, there must be no evidence in the case upon which the finding may be based. To make such error in a refusal to find, the evidence must be clearly conclusive in favor of the finding proposed. There was, in this case, evidence on which each of the findings can be based; and there is evidence which will sustain each of the refusals to find. The learned justice who tried the cause has seen fit to rely upon…
2Cases cited2 opinions
- Welles v. . YatesNew York Court of Appeals · 1871
- Coles v. BowneNew York Court of Chancery · 1844
3Cited by42 opinions
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Curtis v. . AlbeeNew York Court of Appeals · 1901
- Page v. HigginsMassachusetts Supreme Judicial Court · 1889
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