Morgan v. Merchants' Co-operative Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, David H. Morgan and another, from a judgment of the Supreme,Court in favor of the plaintiffs, entered in the office of the clerk of the county of Oneida on the 17th day of August, 1899, upon the verdict -of a jury for .$1,440.61 rendered by direction of the court, and-also from an order entered in said clerk’s office on the 16th day of August, 1899, denying the plaintiffs’ motion for a new trial made upon the minutes. . I. The defendant is a…
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Appeal by the plaintiffs, David H. Morgan and another, from a judgment of the Supreme,Court in favor of the plaintiffs, entered in the office of the clerk of the county of Oneida on the 17th day of August, 1899, upon the verdict -of a jury for .$1,440.61 rendered by direction of the court, and-also from an order entered in said clerk’s office on the 16th day of August, 1899, denying the plaintiffs’ motion for a new trial made upon the minutes. . I. The defendant is a co-operative tire insurance company, and on the 12th' day of June, 1896, issued its policy to the plaintiffs whereby it insured…
1Opinion of the Court
Spring, J.:
The report made by the adjusters indicated that on March 1, 1894, the plaintiff’s inventory showed goods on hand of the value of $6,857.16. . The plaintiffs attempted to show that at the time of the fire their merchandise was worth over $6,000, but the proof was excluded, and the tidal court in explicit terms held that the determination of the two adjusters was conclusive, and the recovery was restricted to their adjustment. Section IT of the by-laws, quoted above, is stringent in its provisions. The manager of the defendant, another one of its members selected by the president,…
2Cases cited6 opinions
- Janneck v. Metropolitan Life InsuranceNew York Court of Appeals · 1900
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- Green v. MillerNew York Supreme Court · 1810
- People Ex Rel. Washington v. . NicholsNew York Court of Appeals · 1873
- Cope v. GilbertNew York Supreme Court · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sukonik v. ShapiroSupreme Court of Pennsylvania · 1939
- Dworkin v. Caledonian InsuranceSupreme Court of Missouri · 1920