Van Tassel v. Greenwich Insurance
New York Supreme Court
Motion for new trial on exceptions. Action by Emery M. Van Tassel against the Greenwich Insurance Company of the city of New York on a contract of insurance. Verdict was directed in favor of plaintiff, and defendant moved for a new trial on exceptions ordered to be heard in the first instance at general term.
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Motion for new trial on exceptions. Action by Emery M. Van Tassel against the Greenwich Insurance Company of the city of New York on a contract of insurance. Verdict was directed in favor of plaintiff, and defendant moved for a new trial on exceptions ordered to be heard in the first instance at general term. In consideration of $50, the defendant, by its policy dated January 11,. 1889, insured the plaintiff from noon, January 1, 1889, until noon, January 1, 1890, against loss by fire on his building situated on the northeast comer of Thirteenth avenue and West Eleventh street in the city of…
1Opinion of the CourtFollett, J.
There is a distinction between a contract of insurance and a contract to insure. Union Mut. Ins. Ck>. v. Commercial Mut. Marine Ins. Co., 2 Curt. 524, affirmed 19 How. 318;. Insurance Co. v. Colt, 20 Wall. 560; Putnam v. Insurance Co., 123 Mass. 324. The complaint was evidently drafted with this difference in mind, and with the view of enabling the plaintiff to. recover on whichever kind of contract he should be able to establish. Was there a contract of insurance outstanding January 13, 1891, the date of the fire? The policy provides: “This policy may, by a renewal, be continued under the…
2Cases cited5 opinions
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Insurance Co. v. ColtSupreme Court of the United States · 1875
- Putnam v. Home InsuranceMassachusetts Supreme Judicial Court · 1877
- Union Mut. Ins. v. Commercial Mut. Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1855
3Cited by9 opinions
- Van Tassel v. . Greenwich Ins. Co.New York Court of Appeals · 1896
- State Automobile Mutual Insurance Co. v. LloydCourt of Appeals of Tennessee · 1965
- Great American Ins. Co. Of New York v. MaxeyCourt of Appeals for the Fifth Circuit · 1951
- Morey v. StateAppellate Division of the Supreme Court of the State of New York · 1954
- Underwood v. Greenwich InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
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