Walton v. . Agricultural Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of February, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a verdict, and affirmed an order denying a motion for a new trial.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of February, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought upon a policy of insurance issued by the defendant, to recover the sum of $500 for loss sustained by the burning of a barn, a quantity of hay and grain and two horses, covered by the policy. Said policy contained the following condition: “ If the said property be sold or conveyed, or…
1Opinion of the CourtParker, J.
The contract of insurance upon which the plaintiffs base their right to recover in this action, provided that if the property insured be sold or conveyed, or if the interest of the parties be changed in any manner, the policy shall be null and void, until the written consent of the company at the home office shall be obtained.
Subsequent to the issuance of the policy the property was conveyed by Walton, through a third person, to his wife without the written consent of the company. Thus, by the terms of the contract, the policy of insurance became of no effect. Upon the trial the plaintiffs…
2Cases cited2 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Pindar v. . the Resolute Fire Ins. Co.New York Court of Appeals · 1871
3Cited by12 opinions
- El Dia Ins. Co. v. SinclairCourt of Appeals for the Second Circuit · 1915
- Laclede Fire-Brick Manuf'g Co. v. Hartford Steam-Boiler Inspection & Ins.Court of Appeals for the Eighth Circuit · 1894
- Johnson v. Continental Insurance Co. of New YorkTennessee Supreme Court · 1907
- England v. Westchester Fire InsuranceWisconsin Supreme Court · 1892
- Shedd v. American Credit Indemnity Co.Indiana Court of Appeals · 1911
7 more not listed; retrieve them via the Exa API.