McLaren v. . the Hartford Fire Ins. Co.
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where, after a verdict for plaintiff, subject to ,the opinion of the court, judgment had been entered for the defendant on the point reserved. (¡Reported, at the circuit, Edm.
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Appeal from the general term of the Supreme Court, in the first district, where, after a verdict for plaintiff, subject to ,the opinion of the court, judgment had been entered for the defendant on the point reserved. (¡Reported, at the circuit, Edm. S. C. 210.) This was an action of assumpsit upon a policy of insurance, whereby the defendant insured the plaintiff against damage or loss by fire, for the term of one year from the 17th January 1843, to the amount of $5000, upon the Pavilion Hotel, at Saratoga Springs, of which the plaintiff was the owner. The policy of insurance in question was…
1Opinion of the Court
The general doctrine of the English cases is, that in judicial sales, and in contracts between individuals for the sale of lands, the vendee, from the time that his right to a conveyance or to a specific performance is complete, is in equity considered as the owner of the premises. In the language of Lord Eldon, "They are his to all intents and "purposes; they are vendible as his, chargeable as his; they "may be devised as his; they may be assets, and they may "descend to his heirs." (Paine v.Miller, 6 Vesey, 353; Ex parte Minor, 2 Vesey, 561.)
In contracts for the sale of real estate, the…
2Cases cited1 opinion
- Duncan v. DoddNew York Court of Chancery · 1830
3Cited by9 opinions
- Home Insurance Co. of New York v. MendenhallIllinois Supreme Court · 1897
- Johnson v. BallouMichigan Supreme Court · 1874
- Wicks v. BowmanNew York Court of Common Pleas · 1874
- Ainslie v. HicksAppellate Division of the Supreme Court of the State of New York · 1897
- Mitchell v. BartlettNew York Supreme Court · 1868
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