Steen v. . Niagara Fire Insurance Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 11, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 11, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action" was upon a policy of fire insurance issued October 25,1873, by the defendant, through its general agents, E.'Vail & Son, to one Jonas F„ /Akins, thc-n the owner in fee of the premises upon which the insured building was situated. The policy was for the sum of one thousand dollars, and was for the term of three years. The insured…
1Opinion of the CourtDanforts, J.
On the 25th of October, 1873, the defendant by its policy in writing undertook to insure James F. Atkins, for the period of three years thereafter, against loss or damage by fire, to the amount of $1,000 on his dwelling-house, described as “ occupied by a tenant for farm dwelling,” but, immediately following these words, there was, on the 7th of January, 1875, written into the policy by the agents, who had by countersign ing given validity to it, these words : “• The dwelling being unoccupied for a short time, but being in charge of a trusty person living near by, shall be no prejudice to…
2Cases cited12 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- Killips v. Putnam Fire InsuranceWisconsin Supreme Court · 1871
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
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3Cited by80 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Proc v. Home InsuranceNew York Court of Appeals · 1966
- Wheaton v. North British and Merchantile InsuranceCalifornia Supreme Court · 1888
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
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