McNally v. Phœnix Insurance
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1891, which denied a motion for a new trial, overruled plaintiffs’ exceptions, and ordered judgment in favor of defendant dismissing the complaint. The nature of the action and the material facts are stated in the opinion.
Read the full summary
Appeal from judgment of tlie General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1891, which denied a motion for a new trial, overruled plaintiffs’ exceptions, and ordered judgment in favor of defendant dismissing the complaint. The nature of the action and the material facts are stated in the opinion. The first ground of the motion to dismiss the complaint, that there was a breach of warranty, and that the policy was, therefore, void, is untenable. (Van Schaick v. N. F. Ins. Co., 68 N. Y. 434; Woodruff v. I. Ins. Co., 83 id. 133; Short…
1Opinion of the CourtO’Brien, J.
The plaintiffs sought to recover upon a policy of insurance for $2,500, issued May 2, 1885, upon a building situated on the shores of Gravesend bay, which was destroyed by fire June 7, 1885, or a little more than a month after the insurance was effected.
At the close of the plaintiffs’ testimony on the trial the court, upon the motion of counsel for the defendant, granted a nonsuit, to which the counsel for the plaintiffs excepted, after having requested that the case be submitted to the jury. The motion for a nonsuit was made and granted upon three grounds:
1. ‘ That there was a breach of the…
2Cases cited8 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Mayor of New York v. Hamilton Fire InsuranceNew York Court of Appeals · 1868
- Hinman v. Hartford Fire InsuranceWisconsin Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Pfeiffer v. Missouri State Life InsuranceSupreme Court of Arkansas · 1927
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
107 more not listed; retrieve them via the Exa API.