Maher v. . Hibernia Insurance Co.
New York Court of Appeals
Appear from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. (Reported below, 6 Hun, 358.) This action was upon a policy of fire insurance issued by defendant to plaintiff insuring, among other property, “his double-frame building occupied as a dwelling.”
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Appear from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. (Reported below, 6 Hun, 358.) This action was upon a policy of fire insurance issued by defendant to plaintiff insuring, among other property, “his double-frame building occupied as a dwelling.” One of the conditions attached to the policy was to the effect that if there appear any “ fraud or false swearing ” in the proofs of loss the insured should forfeit all claims under the…
1Opinion of the CourtFolser, J.
The case was given to the jury without exception to the charge, in any matter which is presented to this court on the points made here. The legal positions laid down to the jury must be taken as the law of the case. They found for the plaintiff upon the questions of fact submitted tv them, and the defendant is bound by the verdict and the judgment thereon, unless during the trial there was some error made by the court, and which is brought up by the exceptions taken.
It is not to be denied that this phrase in a policy of fire insurance, viz., “ occupied as a dwelling,” is ordinarily a warranty…
2Cases cited7 opinions
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
- Alexander v. . Germania Fire Ins. Co.New York Court of Appeals · 1876
- Many v. Beekman Iron Co.New York Court of Chancery · 1841
- Pindar v. . the Resolute Fire Ins. Co.New York Court of Appeals · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Philippine Sugar Estates Development Co. v. Government of the Philippine IslandsSupreme Court of the United States · 1918
- United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
55 more not listed; retrieve them via the Exa API.