Allen v. Hudson River Mutual Insurance
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. The action was brought upon a policy of insurance executed by the defendants, on the first day of November, 1850, whereby the defendants agreed to insure Lewis Fellows and George Corps against loss by fire, to the amount of $3000 upon certain personal property described in the application for such insurance. The policy, on the 27th of February, 1851, was assigned to the plaintiffs.
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APPEAL from a judgment entered on the report of a referee. The action was brought upon a policy of insurance executed by the defendants, on the first day of November, 1850, whereby the defendants agreed to insure Lewis Fellows and George Corps against loss by fire, to the amount of $3000 upon certain personal property described in the application for such insurance. The policy, on the 27th of February, 1851, was assigned to the plaintiffs. The defendants gave their assent to the assignment. On the 5th of July following, the property insured was destroyed by fire. Its value exceeded $3000.…
1Opinion of the Court
By the Court,
Harris, J.
It was insisted upon the trial that the action had been commenced prematurely. The preliminary proofs were delivered on the 24th of July. The suit was brought on the 10th of November, in the same year. By the terms of the policy, the loss was to be paid within sixty days after notice and proof thereof made by the assured, in conformity to the conditions annexed to the policy. The loss became due immediately upon the happening of the fire, and would have been payable at once,-but for this provision in the policy. By the 16th section of the general insurance act, under…
2Cases cited2 opinions
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- Utica Insurance v. American Mutual InsuranceNew York Supreme Court · 1853
3Cited by5 opinions
- Raulet v. Northwestern Nat'l Ins. Co. of MilwaukeeCalifornia Supreme Court · 1910
- Pollard v. Somerset Mutual Fire InsuranceSupreme Judicial Court of Maine · 1856
- Putze v. Saginaw Valley Mutual Fire-InsuranceMichigan Supreme Court · 1903
- Putze v. Saginaw Valley Mutual Fire-InsuranceMichigan Supreme Court · 1903
- Valkenburgh v. StupplebeenNew York Supreme Court · 1867