In re Moore
New York Court of Common Pleas
Appeal by Frederick A. Conkliug, Receiver of the -Etna Fire Insurance Company of New York, from an order of this court made by Chief Justice Daly, confirming a report made by James McNamee, Esq., appointed referee to hear and determine all such claims against The -Etna F. Insurance Company of the city of New York, as should be exhibited to him.
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Appeal by Frederick A. Conkliug, Receiver of the -Etna Fire Insurance Company of New York, from an order of this court made by Chief Justice Daly, confirming a report made by James McNamee, Esq., appointed referee to hear and determine all such claims against The -Etna F. Insurance Company of the city of New York, as should be exhibited to him. In October, 1871, an action was brought by Joseph B. Allee against The Etna, Insurance Company, as a stockholder and creditor of the company, for the purpose of winding up its affairs. On the application of the plaintiff in that suit, an order was…
1Opinion of the Court
Chables P. Daly, Chief Justice.
“ The referee’s report should be confirmed. The insurance was by Mrs. Redman, as interest might appear, loss payable to the Citizens’ Savings Bank. The policy was held by the bank as security for the mortgage given to it by Mrs. Redman, and the fact that the bank was entitled, in the event of the destruction of the premises by fire, to have the loss paid to it, gave the bank no authority to cancel the policy. The premium had been paid by Mrs. Redman throughout, and she had an interest in the policy *544contingent úpon any change of the existing relations between her…
2Cases cited3 opinions
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Peoria Marine & Fire Insurance v. BottoIllinois Supreme Court · 1868
- Hathorn v. Germania InsuranceNew York Supreme Court · 1869
3Cited by3 opinions
- Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
- Binder v. Northern Assurance Co.Appellate Terms of the Supreme Court of New York · 1931
- Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932