Dohn v. Farmers' Joint-Stock Insurance
New York Supreme Court
Appeal from judgment entered on referee’s report. The action was on two policies of insurance; one was upon a house and the other upon personal property. The land, upon which the building insured was erected, was held under a contract upon which a small payment had been made. J. H. Price, an agent of defendant, came to plaintiff and solicited and obtained the insurance. The blank for application used was one furnished by the defendant.
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Appeal from judgment entered on referee’s report. The action was on two policies of insurance; one was upon a house and the other upon personal property. The land, upon which the building insured was erected, was held under a contract upon which a small payment had been made. J. H. Price, an agent of defendant, came to plaintiff and solicited and obtained the insurance. The blank for application used was one furnished by the defendant. It contains no question with reference to title, and no question was asked by Price as to what title plaintiff had to the land, or as to incumbrances. The…
1Opinion of the Court
By the Court
Miller, P. J.
This action was brought to recover the amount of two policies of insurance issued by the • defendant to the plaintiff, one upon a dwelling house and the other upon personal property. Both of these policies contained a condition that, in case of loss or damage by fire, the insured was to notify the secretary of the company of such loss, and within ten days after such loss to deliver a particular account of the same, to be signed by him and verified. The proof of loss was not furnished until after the expiration ot ten days, and it is urged that this requirement was a…
2Cases cited5 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Owen v. Farmers' Joint Stock InsuranceNew York Supreme Court · 1869
3Cited by11 opinions
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Dunbar v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1888
- Johannes v. Standard Fire Office of LondonWisconsin Supreme Court · 1887
- Cahill v. Andes Ins. Co.U.S. Circuit Court for the Northern District of Illnois · 1872
- O'Malley v. People's Building, Loan & Saving Ass'nNew York Supreme Court · 1895
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