Legal Opinion

Barry v. . Hamburg-Bremen Fire Ins. Co.

New York Court of Appeals

Decided June 5, 1888PublishedCited by 31 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 6, 1886, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. (Reported below, 21 J. & S. 249.) This action was brought upon a policy of fire insurance issued by defendant upon a dwelling-house. The material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 6, 1886, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. (Reported below, 21 J. & S. 249.) This action was brought upon a policy of fire insurance issued by defendant upon a dwelling-house. The material facts are stated in the opinion. Conditions and provisos in policies of insurance are to be construed strictly against the underwriters, as they tend to narrow the range and limit the force of the principal obligation.…

1Opinion of the Court

Ruger, Ch. J.

It was assumed upon the trial that the property described in the insurance policy, upon which this action was brought, had been destroyed by fire and the policy had become payable, by its terms, to the plaintiff, except for the alleged breach of a condition of the policy set up as an affirmative defense by the answer.

The condition referred to was a clause reciting substantially that “ if the property shall be sold or transferred, or any change take place in the title or possession, whether by legal process, .judicial decree or voluntary transfer or conveyance, * * * without the…

2Cases cited4 opinions

  1. Horn v. . KeteltasNew York Court of Appeals · 1871
  2. Carr v. . CarrNew York Court of Appeals · 1873
  3. Murray v. . WalkerNew York Court of Appeals · 1865
  4. Hodges v. . the Tennessee Marine and Fire Insurance CompanyNew York Court of Appeals · 1853

3Cited by31 opinions

  1. Mooney v. . ByrneNew York Court of Appeals · 1900
  2. MacAuley v. . SmithNew York Court of Appeals · 1892
  3. Security Trust Co. v. LoewenbergOregon Supreme Court · 1900
  4. German Insurance Co. of Freeport v. GibeIllinois Supreme Court · 1896
  5. Wolf v. Theresa Village Mutual Fire InsuranceWisconsin Supreme Court · 1902

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