Huse & Loomis Ice & Transportation Co. v. Wielar
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Huse & Loomis Ice & Transportation Company against Joseph Wielar. From a judgment dismissing the complaint, and from an order denying a new trial for newly discovered evidence, plaintiff appeals. Affirmed.
1Opinion of the CourtGreenbaum, J.
This was an action to recover a loss upon a fire insurance policy. Among other grounds that defendant relied upon was plaintiff’s omission to render a proof of loss within 6o days after the fire. Plaintiff’s sole witness testified that the fire occurred on October 2, 1896, and that the proof of loss was mailed on December 2, 1896, in the city of Chicago, addressed to the defendant, in New York City. A mailing on the sixtieth day after the occurrence of the fire was not a compliance with the condition of the policy as to the rendition of proof of loss, and no recovery may, therefore, be had.…
2Cases cited3 opinions
- Peabody v. . SatterleeNew York Court of Appeals · 1901
- National Wall Paper Co. v. Associated Manufacturers' Mutual Fire InsuranceNew York Court of Appeals · 1903
- Hatfield v. MacyNew York Supreme Court · 1876