Squier v. Hanover Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hanover Fire Insurance Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 25th day of January, 1897, upon the verdict of a jury, and also from, an order entered in said clerk’s office on the 25th day of January, 1897, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Hanover Fire Insurance Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 25th day of January, 1897, upon the verdict of a jury, and also from, an order entered in said clerk’s office on the 25th day of January, 1897, denying the defendant’s motion for a new trial made upon the minutes. On the 20th of December, 1893, the defendant, through its agents, Horton Brothers, of Jamestown, N. Y., issued a fire insurance policy to the plaintiff insuring her household…
1Opinion of the Court
Ward, J.:
The appellant alleges two errors upon this review:
First, that the plaintiff did not establish her case by a fair preponderance of the evidence.
Second, that Horton Brothers were not authorized to make verbal contracts of insurance, and that the alleged .contract, if made, was outside of the scope of their authority.
The case was fairly tried and properly submitted to the jury, and there was evidence to sustain the plaintiff’s contention upon the questions of fact sufficient to go to the jury, and their verdict will not be disturbed upon those questions.
It is true that the defendant’s…
2Cases cited9 opinions
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- Angell v. . Hartford Fire Ins. Co.New York Court of Appeals · 1874
- Manchester v. . Guardian Assurance Co.New York Court of Appeals · 1896
- Ruggles v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1889
- Van Tassel v. . Greenwich Ins. Co.New York Court of Appeals · 1896
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3Cited by1 opinion
- Isaacs v. Equitable Life Assurance Society of the United StatesNew York Supreme Court · 1921