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Roach v. the N.Y. Erie Ins. Co.

Court of Appeals of the State of New York
Jun 1, 1864
30 N.Y. 546 (N.Y. 1864)

Opinion

June Term, 1864

Ely Farwell, for the appellants.

J.L. J.H. Buck, for the respondent.



The only question for our consideration on this appeal is, whether the condition annexed to the policy requiring an action to recover the amount of a loss to be brought within six months from the time the loss occurred, is valid? If it is, the action is undoubtedly barred, and the judgment must be reversed.

At the last March term of the court, we held in the case of Ripley v. The Ætna Insurance Company, that a condition precisely like the one in this case, except that the right to bring the action, was limited to one year, was valid. And that the action not having been brought within the year, was barred, and the judgment which was for the plaintiff in that case was reversed.

Ante, p. 136.

That case is decisive of this. The judgment must therefore be reversed, and a new trial ordered, with costs to abide the event.

All the judges concurring, judgment reversed.


Summaries of

Roach v. the N.Y. Erie Ins. Co.

Court of Appeals of the State of New York
Jun 1, 1864
30 N.Y. 546 (N.Y. 1864)
Case details for

Roach v. the N.Y. Erie Ins. Co.

Case Details

Full title:WILLIAM ROACH v . THE NEW YORK AND ERIE INSURANCE COMPANY

Court:Court of Appeals of the State of New York

Date published: Jun 1, 1864

Citations

30 N.Y. 546 (N.Y. 1864)

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