Berry v. American Central Insurance
New York Supreme Court
Appeal from a judgment entered in Jefferson county upon a decision made at a circuit in that county after a trial before the .court without a jury. Action to recover upon an insurance policy.
Read the full summary
Appeal from a judgment entered in Jefferson county upon a decision made at a circuit in that county after a trial before the .court without a jury. Action to recover upon an insurance policy. The defense was .a want of title in the plaintiff to the property insured; and also setting up: “ the settlement of the claim under said policy and a release and the receipt for such loss by a delivery of a draft of ■$400.” Plaintiff replied that the settlement was procured by means of false, fraudulent representations; that the draft had never been used; that there had been an offer to return the same…
1Opinion of the CourtWilliams, J.
The policy contained the following conditions ;
“ This policy shall be void and of no effect if the interest of the assured be other than the entire, unconditional and sole ownership, or if the property insured be a building standing on ground not owned by the assured in fee simple. Mo notice to, and no consent of or agreement by, any agent of the company shall be binding on this company until such notice, consent or agreement, as the case may be, is clearly expressed and endorsed in writing hereon, and signed by such agent. Mo agent has power to waive any condition of this contract.
Some…
2Cases cited7 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Redfield v. . Holland Purchase Ins. Co.New York Court of Appeals · 1874
- Jacobs v. . MorangeNew York Court of Appeals · 1871
2 more not listed; retrieve them via the Exa API.