Shaffer v. North British & Mercantile Insurance
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Nathan Shaffer against the North British & Mercantile Insurance Company, with Jennie Leventhal substituted. Erom an order interpleading Jennie Leventhal, plaintiff appeals.
1Opinion of the CourtGuy, J.
The action was brought by the plaintiff, as assignee of Sam Lipkowitz, to recover $1,028.59 under a fire policy issued to the plaintiff’s assignor. It appears from the verified complaint attached to the moving papers that the fire occurred January 12, 1915, and the loss was adjusted on January 25th, the insurer on said date promising to pay the insured $1,028.59 under the policy; that on January 14th the insured assigned to the plaintiff $1,000 out of the moneys due; that an acknowledged copy of the assignment was delivered to the company on or about January 27th; that thereafter the company…
2Cases cited4 opinions
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
- Stevenson v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Roberts v. VanhorneAppellate Division of the Supreme Court of the State of New York · 1897
- Columbia Bank v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1901