Ladd v. Aetna Insurance
New York Supreme Court
Appeal from circuit court, Franklin county. Action by Eugene H. Ladd and William E. Smallman against the Aetna Insurance Company to recover the amount of a policy insuring plaintiffs for one year in the sum of $2,500 against loss by fire of a water-power sawmill and machinery therein. From a judgment in favor of defendant, entered on a verdict directed by the court at the close of the evidence, and from an order denying a motion for a new trial, plaintiffs appeal.
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Appeal from circuit court, Franklin county. Action by Eugene H. Ladd and William E. Smallman against the Aetna Insurance Company to recover the amount of a policy insuring plaintiffs for one year in the sum of $2,500 against loss by fire of a water-power sawmill and machinery therein. From a judgment in favor of defendant, entered on a verdict directed by the court at the close of the evidence, and from an order denying a motion for a new trial, plaintiffs appeal. The policy was issued on February 26, 1891, and contained the following conditions: “This entire policy, unless otherwise provided…
1Opinion of the CourtPutnam, J.
It is not claimed that the policy of insurance on which this action was brought, when issued, was invalid. Plaintiffs were the owners of the property insured, and received the policy from the' duly-authorized agent of defendant. But it is urged that the policy became void in consequence of the contract executed, after the issuing thereof to King & Trushaw, which transferred to the latter the equitable title to the mill, and by the alleged erroneous indorsement on said policy that the title was vested in them. Notwithstanding the contract, plaintiffs remained the legal owners of the property,…
2Cases cited10 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Allen v. German American InsuranceNew York Court of Appeals · 1890
- Pelton v. . Westchester Fire Insurance CompanyNew York Court of Appeals · 1879
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3Cited by1 opinion
- Widincamp v. Phenix InsuranceCourt of Appeals of Georgia · 1908