Lewis v. Guardian Fire & Life Assurance Co. of London, England
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1904, reversing a judgment in favor of defendant insurance company entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. A verdict was properly directed against the plaintiff.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1904, reversing a judgment in favor of defendant insurance company entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. A verdict was properly directed against the plaintiff. (Wilson v. G., etc., Co., 14 N. Y. 418 ; Landers v. W, etc., Co., 86 N. Y. 414; Sanders v. Cooper, 115 N. Y. 279 ; Wheatland v. Pryor, 133 N. Y. 97; Constant v. University, 111 N. Y. 604; Slattery v.…
1Opinion of the Court
Cullen, Ch. J.
The action is on a fire insurance policy, the plaintiff being the assignee of the owner of the insured premises, and the defendant MacPherson the assignee of the mortgagee. The policy insured the mortgagor, loss, if any, payable to the mortgagee “ as his interest may appear.” The plaintiff’s assignor is a corporation organized under the laws of this state and the plaintiff himself a resident and citizen of the state. The defendant MacPherson and his assignor are residents of the Dominion of Canada, the defendant insurance company an - English corporation, and the contract of…
2Cases cited6 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- McClelland v. . Mutual Life Ins. Co.New York Court of Appeals · 1916
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Satz v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1926
- Abbott v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1939
27 more not listed; retrieve them via the Exa API.