Blossom v. . Lycoming Fire Ins. Co.
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on verdict. This action was upon a policy of fire insurance. The policy contained a clause requiring the assured in case of loss or damage by fire to deliver to defendant’s secretary, within thirty days after such loss, a particular account thereof under oath.
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Appeal from, judgment of the General Term of the Supreme Court in the third judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on verdict. This action was upon a policy of fire insurance. The policy contained a clause requiring the assured in case of loss or damage by fire to deliver to defendant’s secretary, within thirty days after such loss, a particular account thereof under oath. The building insured was destroyed by fire on the 29th November, 1870. No proofs of the loss-were furnished until March 29, 1871; these were…
1Opinion of the CourtAllen, J.
Several questions of minor importance arise upon the record which we deem it unnecessary to consider for the reason that the point made by the defendant, of the failure of the plaintiff to furnish proof of loss within thirty days after the fire, entitled the defendant to a nonsuit upon the evidence as it stood at the close of the trial. That the condition was not complied with was conceded; that a substantial compliance with that condition, unless waived by the insurers, was necessary to enable the plaintiff to recover, is well established. (Savage v. The Howard Ins. Co., 52 N. Y., 502;…
2Cases cited1 opinion
- Savage v. . Howard Insurance CompanyNew York Court of Appeals · 1873
3Cited by20 opinions
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- Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
- Peabody v. . SatterleeNew York Court of Appeals · 1901
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