Legal Opinion

Southern Cotton Oil Co. v. Prudential Fire Ass'n

New York Supreme Court

Decided May 18, 1894PublishedCited by 6 opinions

Appeal from circuit court, New York county. Action by the Southern Cotton Oil Company against the Prudential Fire Association of New York. From a judgment entered on a verdict directed by the court in favor of plaintiff, defendant appeals.

1Opinion of the CourtFollett, J.

The sentence, “this entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void * * if the interest of the insured be other than unconditional and sole ownership,” relates to the ownership of the subject of the insurance at the date of the policy, and not to subsequent changes of ownership. When the policy was issued, the insured was the unconditional and sole owner of the oil insured and burned, and the policy was not void, but took effect as a legal contract. The sole question presented by this appeal is, did the contract between the plaintiff and…

2Cited by6 opinions

  1. Brighton Beach Racing Ass'n v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1906
  2. Excelsior Foundry Co. v. Western Assurance Co.Michigan Supreme Court · 1904
  3. Ornatowski v. National Liberty Ins. Co. of AmericaMichigan Supreme Court · 1939
  4. Insurance Co. of North America v. O'BannonCourt of Appeals of Texas · 1914
  5. Jammal v. Girard Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1924

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