Herrman v. . Adriatic Fire Insurance Co.
New York Court of Appeals
Appeal from order of the General Term of the Superior Court in the city of ¡New York, made the first Monday of November, 1879, which sustained . plaintiff’s exceptions, set aside a verdict in favor of defendant and ordered a new trial.
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Appeal from order of the General Term of the Superior Court in the city of ¡New York, made the first Monday of November, 1879, which sustained . plaintiff’s exceptions, set aside a verdict in favor of defendant and ordered a new trial. This action was upon a policy of fire insurance, issued by defendant to plaintiff June 3,1874. The policy was for three years ; the property insured was described and the insurance stated therein as follows : “ Two thousand dollars on his two-story and attic frame dwelling-house and three-story tower thereon; slate roof 28x37 feet, and two-story and attic slate…
1Opinion of the Court
Forger, Ch. J.
This is an action on a policy of fire insurance. The property insured consisted of different buildings, and different kinds of chattel property kept in those buildings, respectively. The different properties insured, and the different amounts put at risk, each are specifically named in the policy with much minuteness. The property destroyed and for the loss of which the action is brought was but parts of the whole at risk, being the dwelling-house, and most of the contents of it, and four outbuildings, essential or convenient for use with the dwelling.
The question in agitation…
2Cases cited2 opinions
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Bryan v. Peabody InsuranceWest Virginia Supreme Court · 1875
3Cited by49 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
- Connecticut Fire Ins. v. BuchananCourt of Appeals for the Eighth Circuit · 1905
- Donley v. . Glens Falls Ins. Co.New York Court of Appeals · 1906
- Agricultural Insurance v. Hamilton ex rel. HopkinsCourt of Appeals of Maryland · 1895
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