Lattan v. Royal Insurance
Supreme Court of New Jersey
On case certified from the Monmouth Circuit. This suit was brought on a policy of insurance against loss by fire issued by the defendant for $3000. The policy was dated August 4th, 1873, and was issued to Peter Righter, the owner of the property insured. Written in the body of the policy was this clause: “ Loss, if any, payable to Eanny Lattan and Angelica Lattan, of the city of New York.” The policy was to run for one year.
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On case certified from the Monmouth Circuit. This suit was brought on a policy of insurance against loss by fire issued by the defendant for $3000. The policy was dated August 4th, 1873, and was issued to Peter Righter, the owner of the property insured. Written in the body of the policy was this clause: “ Loss, if any, payable to Eanny Lattan and Angelica Lattan, of the city of New York.” The policy was to run for one year. The buildings insured were destroyed by fire February 12th, 1874. On the 9th of July, 1873, Righter had taken out a policy of insurance on the same property in the…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The plaintiffs cannot recover the balance of the adjusted loss on the promise of the defendant contained in the agreement of June 12th, 1875. That promise to pay was made to Righter’s administrators, and was conditional upon their failure to recover a verdict in the suit they had brought against the Hibernia company; and it was an implied condi*457tion that that suit should be prosecuted to a verdict one way •or the other. The suit was not so prosecuted. It was non grossed for'the failure to file a declaration. The result of this suit must be…
2Cases cited5 opinions
- Van Valkenburgh v. . Lenox Fire Ins. Co.New York Court of Appeals · 1873
- Bergson v. Builders Insurance Co.California Supreme Court · 1869
- Peoria Marine & Fire Insurance v. BottoIllinois Supreme Court · 1868
- Hathorn v. Germania InsuranceNew York Supreme Court · 1869
- Hand v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1874