Kimball v. Hamilton Fire Insurance
The Superior Court of New York City
Appeal from a judgment, entered in favor of the plaintiffs, upon the verdict of a Jury, on a trial before Mr. Justice Monoriee, on November 17, 1859. This action was brought by Asa F. Kimball and Andrew P, Van Tnyl against the Hamilton Fire Insurance Company, to recover the amount of a loss sustained by the plaintiffs, by fire, November 5, 1857, and alleged to be covered by a policy of insurance, issued by the defendants, dated May 13,1857. The defendants, by their answer,…
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Appeal from a judgment, entered in favor of the plaintiffs, upon the verdict of a Jury, on a trial before Mr. Justice Monoriee, on November 17, 1859. This action was brought by Asa F. Kimball and Andrew P, Van Tnyl against the Hamilton Fire Insurance Company, to recover the amount of a loss sustained by the plaintiffs, by fire, November 5, 1857, and alleged to be covered by a policy of insurance, issued by the defendants, dated May 13,1857. The defendants, by their answer, put in issue the occurrence of the fire, the amount of the loss, the due fulfillment of the conditions of the policy, and…
1Opinion of the Court
By the Court—Hoffman, J.
The case is before us upon exceptions only. There has been no motion for a new trial, an appeal from which would have raised the question of the verdict being against evidence. There are no exceptions relating to the admission or rejection of evidence. The defendant excepted to the denial of a motion to dismiss the complaint. The grounds of this motion were renewed in the requests to charge, and exceptions to the refusal to comply with some of such requests.
The Court was requested to charge: “ That by the terms of the policy the loss was payable in sixty days after the…
2Cases cited4 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Turley v. North American Fire InsuranceNew York Supreme Court · 1841
- Peacock v. . New York Life Insurance CompanyNew York Court of Appeals · 1859
- Peacock v. New York Life InsuranceThe Superior Court of New York City · 1857
3Cited by6 opinions
- Gauche v. London & Lancashire Ins.U.S. Circuit Court for the District of Eastern Louisiana · 1881
- Jones v. Mechanics Fire InsuranceSupreme Court of New Jersey · 1872
- Steinhart v. FyhrieMontana Supreme Court · 1885
- State Insurance v. MaackensSupreme Court of New Jersey · 1876
- Graham v. Firemen's InsuranceNew York Court of Common Pleas · 1880
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