Germania Fire Insurance v. Home Insurance
The Superior Court of New York City
Appeal from a judgment in defendant’s favor rendered at a trial term without a jury on the following agreed statement of facts: On the 1st of Hay, "1873, John A. S. Yerdier" procured an insurance by the defendant company “ on his stock of hardware, tin, iron, stoves and such other articles as are usually kept on sale by him as a hardware and Yankee notion dealer,” contained in his store in Grand Rapids, Hich.
Read the full summary
Appeal from a judgment in defendant’s favor rendered at a trial term without a jury on the following agreed statement of facts: On the 1st of Hay, "1873, John A. S. Yerdier" procured an insurance by the defendant company “ on his stock of hardware, tin, iron, stoves and such other articles as are usually kept on sale by him as a hardware and Yankee notion dealer,” contained in his store in Grand Rapids, Hich. This insurance was for one year. 1. On the 1st of Hay, 1874, the same was renewed for another year, and $37.50 was paid and a renewal receipt taken. 2. On the 4th of Hay,. 1874, the said…
1Opinion of the Court
The trial judge delivered the following opinion:
McAdam, J.
Questions of forfeiture in consequence of transfer of interest have arisen in almost every conceivable shape, mainly for the reason that the phraseology of the so-called alienation clause is diverse in different policies. In 1 May Ins. (3d ed.) pp. 552-556, are collected fifty variations of this clause, and the reported decisions must be read in the light of the particular language employed in the policy construed.
In the present instance the condition of the policy is that “ if the property be sold or transferred, or any change takes…
Also in this document: Per curiam.
2Cases cited7 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- Biggs v. Insurance Co. (North Carolina Home)Supreme Court of North Carolina · 1883
- Cowan v. Iowa State InsuranceSupreme Court of Iowa · 1875
- Malley v. Atlantic Fire & Marine InsuranceSupreme Court of Connecticut · 1883
2 more not listed; retrieve them via the Exa API.