Young Men's Lyceum of Tarrytown v. National Ben Franklin Fire Insurance of Pittsburgh
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Young Men’s Lyceum of Tarrytown, and the defendant, National Ben Franklin Fire Insurance Company of Pittsburgh, Pa., from parts of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 23d day of June, 1916, upon the verdict of a jury rendered by direction of the court, and also an appeal by the defendant from an order entered in said clerk’s office on the 8th day of…
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Cross-appeals by the plaintiff, Young Men’s Lyceum of Tarrytown, and the defendant, National Ben Franklin Fire Insurance Company of Pittsburgh, Pa., from parts of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 23d day of June, 1916, upon the verdict of a jury rendered by direction of the court, and also an appeal by the defendant from an order entered in said clerk’s office on the 8th day of July, 1916, denying its motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
The defendant issued to landowners a policy dated March 2, 1915, insuring, to the amount of $5,000 against loss by fire, buildings which are described as “situated off Taxton Road, about 50 feet from East Irvington Road, East Irvington, Westchester County, New York.” There is a warranty that the “ property is located not over 500 feet from a public fire hydrant.” The question is whether the warranty affects the plaintiff, a mortgagee. The policy carries an undated rider called a “Mortgagee Clause” to the effect that the “Loss or damage, if any, under this policy, shall be payable”…
2Cases cited9 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Eddy v. London Assurance Corp.New York Court of Appeals · 1894
- Heilbrunn v. German Alliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
- McDowell v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1913
- O'Neil v. Franklin Fire Insurance of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- B. L. Asso. v. Fire Ins. Co.West Virginia Supreme Court · 1928
- Fayetteville Building & Loan Ass'n v. Mutual Fire InsuranceWest Virginia Supreme Court · 1928
- Fifty States Management Corp. v. Public Service Mutual InsuranceNew York Supreme Court · 1971
- Ross v. JonesWashington Supreme Court · 1933
- B. L. Assn. v. Ins. Co.West Virginia Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.