89 N.Y.S. 210 | N.Y. App. Div. | 1904
The action is Upon an insurance policy to recover a loss sustained by fire. The answer interposed as a defense a provision of the policy showing that it was issued upon the understanding and agreement that the rate of premium paid to defendant was the highest ate paid to any company on the same risk at the time of the issuance of the policy and alleged that the plaintiff was at that time paying a higher rate for insurance on the same property to other companies.
The issues were brought to trial before the court and a jury. It was admitted that plaintiff had other insurance on the same premises at a higher premium rate. The plaintiff relied upon what is known as a
The plaintiff in the meantime had brought a suit- in equity for the reformation of the contract and a recovery upon it as reformed. Upon discovering that the defendant had entered judgment as upon a verdict directed in his favor, the plaintiff, apprehensive
It follows that the order should be reversed and the entire judgment vacated, with costs.
Van Brunt, P. J., O’Brien, McLaughlin and Hatch, JJ., concurred.
Order reversed and judgment vacated, with costs.