Voisin v. Commercial Mutual Insurance
New York Supreme Court
Appeal from circuit court, New York county. Action by Stevens Voisin against the Commercial Mutual Insurance Company to recover on a policy of marine insurance. From a judgment dismissing the complaint after trial, plaintiff appeals.
1Opinion of the CourtVan Brunt, P. J.
This action has previously been tried, (16 N. Y. Supp. 410,) and, a verdict having been rendered by the jury in favor of the plaintiff, the judgment entered upon such verdict was reversed by the general term for errors committed upon that trial. Upon the retrial of the case, at the conclusion of the testimony of the plaintiff, a motion was made to dismiss the complaint upon the grounds: First, that no cause of action had been proved; second, that there was no proof of the performance of the condition of the policy requiring proof of loss and interest to be made before the loss is payable;…
2Cases cited2 opinions
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Palmer v. . Great Western Ins. Co.New York Court of Appeals · 1889
3Cited by3 opinions
- Daneri v. GazzolaCalifornia Court of Appeal · 1905
- Voisin v. Commercial Mut. Ins.New York Supreme Court · 1895
- Voisin v. Commercial Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1901