15 Misc. 263 | Superior Court of Buffalo | 1895
We have read with care the voluminous record in this case, and with interest the exhaustive discussion of the
In defendant’s motion for a nonsuit at the close oil the. plaintiff’s case, and more especially at the close of. the proof,' it is claimed that plaintiff had failed to show compliance With ■ the conditions of the policy subsequent to the fire in several
And Where the company retained proofs of loss for a period of twenty-three days and then returned them, coupled with circumstances showing want of good faith on the part of the company, it was held that the jury Were authorized to find a waiver of the conditions. Paltrovitch v. Phœnix Ins. Co., 143 N. Y. 73.
The rule would, therefore, seem to be that where proofs of loss are retained or held for a time and then-returned, dependent somewhat upon the particular circumstances of the case, it may be made a basis for the jury to find a waiver of compliance with the conditions. The first objection which the company made required plaintiff to make a complete inventory stating quantity and cost of each article and amounts claimed thereon. Also, cash value of each item and amount of loss thereon. All incumbrances thereon and any changes in the title, use, occupation, location, possession or exposure of the property since the issuing of said policy. The plaintiff replied to the first two objections, under date of January ninth, claiming that as the goods not specified in the proof of loss were
We have examined the other exceptions in the case, but ar,e unable to see error therein.
The judgment and order appealed from should, therefore, be affirmed, with costs.
White, J., concurs.
Judgment and order affirmed, with costs.