McGrath v. Home Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Franklin County. Action by Albon F. McGrath and another against the Home Insurance Company of the City of New York. From a judgment for plaintiffs, and from an order denying a motion for a new trial, defendant appeals. Reversed. The plaintiffs were the owners of a certain stock of goods, fixtures, etc., in a building at Bloomingdale, N. Y., used as a meat market.
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Appeal from Trial Term, Franklin County. Action by Albon F. McGrath and another against the Home Insurance Company of the City of New York. From a judgment for plaintiffs, and from an order denying a motion for a new trial, defendant appeals. Reversed. The plaintiffs were the owners of a certain stock of goods, fixtures, etc., in a building at Bloomingdale, N. Y., used as a meat market. At some time prior to the 27th of May, 1902, the plaintiff McGrath applied to one R. H. McIntyre, at Bloomingdale, for insurance upon the said stock and fixtures. The only relation between McIntyre and the…
1Opinion of the CourtSmith, J.
Upon the trial the defendant insisted upon three defenses : First, that under the terms of the policy it was void “if the interest of the insured be other than unconditional and sole ownership”; secondly, that the plaintiffs furnished fraudulent proofs of loss; thirdly, that the property was burned by the act or connivance of the plaintiffs. We are convinced that the defendant’s first objection must prevail, and it therefore becomes unnecessary to examine the other questions which the defendant has urgently insisted upon.
It is unquestioned that the interest of McGrath, who was insured by the…
2Cases cited10 opinions
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Shotwell v. . DixonNew York Court of Appeals · 1900
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
- Wangner v. . GrimmNew York Court of Appeals · 1902
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3Cited by2 opinions
- Bonewell v. North American Accident InsuranceMichigan Supreme Court · 1911
- Scarangello v. Interurban St. Ry. Co.Appellate Terms of the Supreme Court of New York · 1904