Benninghoff v. . Agricultural Ins. Co.
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1881,-which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon a policy of fire insurance issued by defendant to John E. Benninghoff.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1881,-which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon a policy of fire insurance issued by defendant to John E. Benninghoff. The application for the policy was made orally by the insured to one Jacoby, defendant’s agent at Seneca Falls. No written application was made or authorized. The agent, however, without the knowledge of the insured, made out…
1Opinion of the Court
Ruger, Ch. J.
We are precluded by the findings of the court below from reviewing any questions which have been determined upon conflicting evidence, or upon those inferences which' may reasonably be drawn from the facts proved on the trial. Of such a character was the question now raised as to the sufficiency of the notice to the defendant of the loss of the property insured.
The court below have, upon sufficient evidence of the fact, found that proofs of said loss were given to the defendant in accordance with the requirements of the policy, and such finding is conclusive upon us as to the…
2Cases cited10 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871
- Howard v. Albany InsuranceNew York Supreme Court · 1846
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Morrison v. Insurance Co. of North AmericaTexas Supreme Court · 1887
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Manchester v. . Guardian Assurance Co.New York Court of Appeals · 1896
- United States Fidelity Guaranty Co. v. MillerCourt of Appeals of Kentucky (pre-1976) · 1931
- Dohse v. Market Mens Mutual Insurance CompanySupreme Court of Iowa · 1962
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