Fuller v. Jameson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edwin O. Jameson and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the IStli day of April, 1904, upon the decision of the court rendered after a trial at the New York Trial Term, a jury having been waived.
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Appeal by the defendants, Edwin O. Jameson and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the IStli day of April, 1904, upon the decision of the court rendered after a trial at the New York Trial Term, a jury having been waived. This action is brought on a policy of fire insurance, in the standard form of the State of New York, issued by the defendants and twenty-four other underwriters associated in the business of insurance against fire. After issue joined the case was regularly reached upon the…
1Opinion of the Court
O’Brien, J.:
On the trial the defendants urged that the adjudication in bankruptcy, the petition of the bankrupt for the appointment of a receiver and the receiver having been named, effected such a change in the interest, title and possession of the property described in the *56policy as to render it void. This was the Sole question litigated on the trial and which is again presented upon this appeal, as to whether, by reason of the facts stated, such a change took place in the title, interest and possession of the assured before the lire as to render the policy void.
In suits brought by this…
2Cases cited3 opinions
- Keeney v. . Home Insurance CompanyNew York Court of Appeals · 1877
- Fuller v. New York Fire InsuranceMassachusetts Supreme Judicial Court · 1903
- Rand v. Iowa Central Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- Gordon v. Mechanics' & Traders' Ins.Supreme Court of Louisiana · 1907
- In re M. I. Hibbler Mach. Supply Co.District Court, W.D. New York · 1912
- Smith v. Security Mutual Fire Insurance Co. of ChatfieldSouth Dakota Supreme Court · 1916
- Reilley v. Buffalo German InsuranceNew York Supreme Court · 1914