Legal Opinion

Williams v. Fire Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 1907PublishedCited by 10 opinions

Appeal by'the plaintiff, John R. Williams, as receiver, etc., from a judgment of the Supreme Court in favor of the defendant, entered in'the office of the clerk .of the county of Erie on the 10th day of April, 1906, upon a nonsuit directed by the court upon a trial at the Erie' Trial Term, and. also from an order entered in said clerk’s office on the 10th .day of April, 1906, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Spring, J. :

A statement of the facté is contained in the opinion of the presiding justice.: .

The policy of insurance contains this provision: “ Yo suit or action on this ..policy for the recovery of any; claim shall .be sus: tamable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within ' twelve months next after the fire.” By this clause in their contract the parties made compliance with the requirements in the ■ policy and the commencement .of the action within; twelve months after the fire conditions…

2Cases cited7 opinions

  1. Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
  2. Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
  3. Fox v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1899
  4. Clemens v. American Fire Insurance of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1902
  5. Beecher v. SchubackAppellate Division of the Supreme Court of the State of New York · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Cudahy Packing Co. v. Munson S. S. LineCourt of Appeals for the Second Circuit · 1927
  2. Inman v. Clyde Hall Drilling CompanyAlaska Supreme Court · 1962
  3. Howe v. Mill Owners Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1934
  4. L. Black Co. v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1919
  5. Arbuckle v. Lumbermens Mut. Casualty Co. of IllinoisCourt of Appeals for the Second Circuit · 1942

5 more not listed; retrieve them via the Exa API.

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