National Wall Paper Co. v. Associated Manufacturers' Mutual Fire Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff cannot recover because its proof of loss was not served upon the defendant within sixty days after the fire. (P. P. G. Co. v. S. G. Ins. Co., 189 Penn.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff cannot recover because its proof of loss was not served upon the defendant within sixty days after the fire. (P. P. G. Co. v. S. G. Ins. Co., 189 Penn. St. 255; Wilcox v. Wood, 9 Wend. 349; Robinson v. Grannis, 67 N. Y. S. R. 25; Dwight v. Cutting, 91 Hun, 38; Richardson v. H. F. J.…
1Opinion of the CourtHaight, J.
This action was brought to recover upon a fire insurance policy issued by the defendant upon the contents of the plaintiff’s store in Pittsburg, Pa. The policy ran from noon of Hovember 12th, 1897, to noon of Hovember 12th, 1898. The fire from which the plaintiff suffered loss commenced 12:40 p. m., February 18th, 1898, and resulted in a total destruction of the plaintiff’s store and contents. The proofs of loss were served upon the defendant at 11:40 a. >i. April 20tli, 1898. The defense interposed was to the effect that the proofs of loss were not served “ within sixty days after the fire,”…
2Cases cited2 opinions
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Reck v. Phenix InsuranceNew York Court of Appeals · 1891
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- Niagara Fire Ins. Co. of New York v. Raleigh Hardware Co.Court of Appeals for the Fourth Circuit · 1933
- Associated Engineers, Inc. v. American National Fire InsuranceDistrict Court, N.D. California · 1959
- Slocum v. Saratoga & Washington Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
- Huse & Loomis Ice & Transportation Co. v. WielarAppellate Terms of the Supreme Court of New York · 1904