Legal Opinion · Dissent

Matthews v. American Central Insurance

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

Decided October 16, 1896Published

Action by William. Matthews, as executor of the last will and testament of Caroline Silvernail, deceased, against the American Central Insurance Company on a fire insurance policy. A verdict was directed in favor of plaintiff, and defendant moves for a new trial on exceptions ordered to be heard in the appellate division in the first instance. Granted.

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Action by William. Matthews, as executor of the last will and testament of Caroline Silvernail, deceased, against the American Central Insurance Company on a fire insurance policy. A verdict was directed in favor of plaintiff, and defendant moves for a new trial on exceptions ordered to be heard in the appellate division in the first instance. Granted. August 1, 1889, the defendant, by a New York standard policy, insured Caroline Silvernail, for three years, against damage by fire, to an amount not exceeding $1,050, on the following property : $400 on her frame dwelling-house ; $450 on her…

1DissentWard, J.

(dissenting).—This is an action to recover upon a standard policy of insurance issued to Caroline Silvernail, a resident of Steuben County, N. Y., by the defendant, an insurance company in St. Louis, Mo., insuring some farm buildings “ against all direct loss or damage by fire,” in an amount specified, for the period of three years. The policy was issued August 1, 1889. The assured died December 2, 1891. A fire occurred April 20, 1892, destroying a barn, shed, and produce insured, which it was stipulated on the trial was worth the sum of $612, for which the same was insured. The insured left…

2Cases cited28 opinions

  1. Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
  2. Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
  3. Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
  4. Hayden v. . PierceNew York Court of Appeals · 1895
  5. Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878

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