Legal Opinion

Owen v. Farmers' Joint Stock Insurance

New York Supreme Court

Decided September 6, 1869PublishedCited by 18 opinions

APPEAL by the defendant from a judgment entered upon the verdict of a jury in an action upon a policy of insurance. The material facts, and the legal questions arising thereon, appear sufficiently in the opinion of the court.

1Opinion of the Court

By the Court, E. Darwin Smith, J.

The first question presented upon this appeal is, whether the omission of the plaintiff to deliver a particular account of his loss apd damage within ten days after such loss, according to the 7th section of the conditions annexed to the policy, is fatal to his right to recover. Such a provision is doubtless a condition precedent, the performance of which by the plaintiff is indispensable to his right of recovery, unless it has been dispensed with or waived by the defendant. (Inman v. Western Insurance Co., 12 Wend. 460.) Time, too, is of the essence of the…

2Cases cited4 opinions

  1. Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
  3. Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
  4. Inman v. Western Fire InsuranceNew York Supreme Court · 1834

3Cited by18 opinions

  1. Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
  2. Rokes v. Amazon InsuranceCourt of Appeals of Maryland · 1879
  3. Underwood v. . Farmers' Joint Stock Ins. Co.New York Court of Appeals · 1874
  4. White v. Home Mutual Insurance Co.California Supreme Court · 1900
  5. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HeathIndiana Court of Appeals · 1899

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