Legal Opinion

Eddy v. London Assurance Corp.

New York Court of Appeals

Decided October 9, 1894PublishedCited by 79 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 18, 1892, which affirmed a judgment in favor of the defendant Giles Everson, entered upon the report of a referee. This was an action upon a policy issued by defendant December 17,1887, which insured the building, elevator, etc., of the Syracuse Screw Company against loss and damage by fire for one year.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 18, 1892, which affirmed a judgment in favor of the defendant Giles Everson, entered upon the report of a referee. This was an action upon a policy issued by defendant December 17,1887, which insured the building, elevator, etc., of the Syracuse Screw Company against loss and damage by fire for one year. The policy contained, amongst other provisions, the following: “ This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto,…

1Opinion of the CourtPeckham, J.

The plaintiff commenced the above action against the corporation defendant upon a policy of fire insurance issued by the company by which plaintiff as receiver was insured against loss or damage by fire on certain property situated in Syracuse, and formerly owned by the screw company of that city. The defendant Everson was insured in the same policy as mortgagee, as his mortgage interest might appear. He was joined as defendant in order that the whole controversy might as between all the parties be settled at once.

Actions were also commenced against several other insur anee companies by the…

2Cases cited1 opinion

  1. Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878

3Cited by79 opinions

  1. Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
  2. Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
  3. Laurenzi v. Atlas Ins.Tennessee Supreme Court · 1915
  4. Grady v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
  5. Glens Falls Insurance v. PorterSupreme Court of Florida · 1902

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