Roach v. New York & Erie Insurance
New York Court of Appeals
Appeal from a judgment of the general term of the supreme court in the eighth district, affirming a judgment rendered.in favor of the plaintiff at the circuit, held by Justice Davis, in the county of Niagara, in January, 1858. The action was on a policy of insurance, issued by the defendant through its agent, James W. Reed, to the plaintiff, wherein the defendant agreed to insure the plaintiff against loss by fire of certain buildings owned by him, situate in Lockport,…
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Appeal from a judgment of the general term of the supreme court in the eighth district, affirming a judgment rendered.in favor of the plaintiff at the circuit, held by Justice Davis, in the county of Niagara, in January, 1858. The action was on a policy of insurance, issued by the defendant through its agent, James W. Reed, to the plaintiff, wherein the defendant agreed to insure the plaintiff against loss by fire of certain buildings owned by him, situate in Lockport, Niagara county, for the term of one year from the 20th day of July, 1854, for the sum of $400, in consideration of a premium…
1Opinion of the CourtMullin, J.
The only question for our consideration on this appeal is, whether the condition annexed to the policy requiring an action to recover the amount of a loss to be brought within six months from the time the loss occurred, is valid? If it is, the action is undoubtedly barred, and the judgment must be reversed.
At the last March term of the court, we held in the case of. Ripley v. The Ætna Insurance Company * that a condition precisely like the one in this case, except that the right to bring the action, was limited to one year, was valid. And that the action not having been brought within the…
2Cited by5 opinions
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- Kelly v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1899
- Kelly v. Supreme Council of Catholic Mutual Benefit Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Tasker v. Insurance Co.Supreme Court of New Hampshire · 1878
- O'Brien v. Mechanics'The Superior Court of New York City · 1873