Cornish v. . Farm Buildings Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 10 Hun, 466.) The action was upon a policy of fire insurance. The facts appear sufficiently in the opinion. The fact proved that the vacancy increased the risk not being contradicted, could not be disregarded by the jury. (Robinson v. McManus, 4 Lon., 380; Elwood v. Tel.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 10 Hun, 466.) The action was upon a policy of fire insurance. The facts appear sufficiently in the opinion. The fact proved that the vacancy increased the risk not being contradicted, could not be disregarded by the jury. (Robinson v. McManus, 4 Lon., 380; Elwood v. Tel. Co., 45 N. Y., 549; Loower v. Meeker, 25 id., 361; Seibert v. Erie R. Co., 49 Barb., 583; Leitch v. At. Mat. Ins. Co., 66 N. Y., 100-108; 1…
1Opinion of the CourtRapallo, J.
The defense relied upon on the trial of this action was that at the time the insurance was effected, viz., in January, 1873, the insured property, consisting of a dwelling-house and barn, were occupied by a tenant, but that after-wards, in May, 1874, the tenant moved away and the premises remained unoccupied until the time of the fire, which occurred July 4, 1874. The policy contained no provision in relation to the occupation of the premises, but provided that any increase of hazard, or material change without consent should avoid the insurance. The defendant claimed that leaving the…
2Cases cited2 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Leitch v. . Atlantic Mutual Ins. Co.New York Court of Appeals · 1876
3Cited by19 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- Frace v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
- First Congregational Church v. Holyoke Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1893
- Traders' Insurance v. CatlinIllinois Supreme Court · 1898
14 more not listed; retrieve them via the Exa API.