Underwood v. . Farmers' Joint Stock Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term, of the Supreme Court in the third judicial department, affirming a judgment entered for plaintiff upon the verdict of a j ury. This action was brought upon a policy of insurance issued by defendant to plaintiff upon a barn and property therein, situated in Onondaga county.
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Appeal from judgment of the General Term, of the Supreme Court in the third judicial department, affirming a judgment entered for plaintiff upon the verdict of a j ury. This action was brought upon a policy of insurance issued by defendant to plaintiff upon a barn and property therein, situated in Onondaga county. The property was destroyed by fire in July, 1868. One of the conditions annexed to the policy of insurance was that the insured should, in case of loss, forthwith give notice to the secretary of the company, and within ten days after such loss deliver in a particular account of such…
1Opinion of the Court
Earl, C.
Upon the trial, the judge submitted to the jury but one question of fact, to wit: whether the plaintiff, himself, set fire to the barn insured; and charged them to render a verdict for the plaintiff if they found that question in his favor. To this portion of the charge defendant’s counsel excepted. It is not disputed that it was, by the policy, a condition precedent to plaintiff’s right of recovery that he should, deliver to the company a verified account, in writing, of his loss, within ten days after the loss. This condition was part of the contract of insurance; and effect should…
2Cases cited5 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Bumstead v. . the Dividend Mutual Insurance Co.New York Court of Appeals · 1854
- Owen v. Farmers' Joint Stock InsuranceNew York Supreme Court · 1869
3Cited by44 opinions
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Bishop v. Agricultural InsuranceNew York Court of Appeals · 1892
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