Sexton v. Home Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Monroe county. Action by Pliny T. Sexton against the Home Fire Insurance Company of the City of New York to recover on a policy. From an order refusing to allow an interpleader and the deposit in court of the amount claimed by plaintiff on payment of the costs and disbursements up to the time the motion was made, defendant appeals.
1Opinion of the CourtHardin, P. J.
Appellant’s papers used upon the motion show its willingness to pay the money to satisfy its liability under its policy of insurance, and that it is not in collusion with Bennett or any other party. It also appears that by the terms of the renewed policy the title to the real estate had passed to George Bennett, and that, when the fire took place, the loss was payable, by the terms of the agreement of defendant, to the plaintiff or the assured, George Bennett, “as their interests may appear.” It is made manifest by the papers in the record that Bennett has steadily claimed an interest in the…
2Cases cited5 opinions
- Perkins v. . SmithNew York Court of Appeals · 1889
- Roberts v. VanhorneAppellate Division of the Supreme Court of the State of New York · 1897
- Commonwealth v. O'DonnellMassachusetts Supreme Judicial Court · 1890
- Wertheimer v. Independent Order Free Sons of JudahAppellate Division of the Supreme Court of the State of New York · 1898
- Wertheimer v. Independent Order Free Sons of JudahAppellate Division of the Supreme Court of the State of New York · 1898