Hicks v. British America Assurance Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 8, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover on an alleged oral contract to insure a certain building in the village of Penn Tan, entered into between George C. Hicks, the plaintiff’s assignor, and Melmoth Hobart, the agent-of the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 8, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover on an alleged oral contract to insure a certain building in the village of Penn Tan, entered into between George C. Hicks, the plaintiff’s assignor, and Melmoth Hobart, the agent-of the defendant. The facts, so far as material, are stated in the opinion. Hobart, the agent of the defendant, had no power to make a parol…
1DissentLandon, J.
We have no jurisdiction to inquire whether there was any evidence tending to support the verdict, but must limit our review to the alleged errors of law which, if found to be well assigned, may possibly have misled the jury.
The complaint may be construed as seeking either a recovery of damages for the breach of a contract to issue a policy of insurance, or to enforce its delivery and to recover thereon as if actually delivered. Two questions of law are presented by the defendant’s exceptions; one respecting the omission to sei've proofs of loss, and the other, the exclusion of evidence.
The…
2Cases cited16 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- Insurance Co. v. ColtSupreme Court of the United States · 1875
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