Arthur v. . Homestead 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 decision of the court on trial at Special Term; This action was brought by plaintiff, as assignee of Morris-E. Arthur, for the reformation of a contract of insurance made between said Morris and the defendant on the 8th of December, 1875, and for the recovery thereon as reformed of a loss of §1,200, happening the 8th of…
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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 decision of the court on trial at Special Term; This action was brought by plaintiff, as assignee of Morris-E. Arthur, for the reformation of a contract of insurance made between said Morris and the defendant on the 8th of December, 1875, and for the recovery thereon as reformed of a loss of §1,200, happening the 8th of March, 1876. The policy and the application for insurance were executed. and delivered on the same occasion, llie…
1Opinion of the CourtDanforth, J.
The complaint states two causes of action; one for loss by fire, of property insured by the defendant, the other for reformation of the application, upon the faith of which the policy issued. The policy provides that no action shall be sustained against the company under or by virtue of it, unless commenced within one year next after any claim shall accrue, and the omission to comply with its terms, is, I think, a conclusive answer to the complaint. That such condition is valid cannot now be questioned. (Ripley v. Ætna Ins Co., 30 N. Y., 136.)
The loss occurred on the 8th of March, 1876,…
2Cases cited8 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Dobson v. . PearceNew York Court of Appeals · 1854
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Emery v. . PeaseNew York Court of Appeals · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Ellis v. Council Bluffs InsuranceSupreme Court of Iowa · 1884
- Hocking v. Howard InsuranceSupreme Court of Pennsylvania · 1889
- Bush v. . O'BrienNew York Court of Appeals · 1900
- Harrison v. Hartford Fire InsuranceSupreme Court of Iowa · 1897
- Lewis v. . DuaneNew York Court of Appeals · 1894
38 more not listed; retrieve them via the Exa API.