Dowd v. American Fire Insurance Co. of Philadelphia
New York Supreme Court
Appeal from circuit court. This action was brought by Mary Dowd and Charles Grady against the American Fire Insurance Company of Philadelphia on a fire insurance policy. There was a condition in the policy that if the property to be insured were a leasehold, etc., or if the building stood on leased ground, it must be so represented to the company, otherwise the insurance as to such property should be void. The property insured for plaintiffs was destroyed by fire.
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Appeal from circuit court. This action was brought by Mary Dowd and Charles Grady against the American Fire Insurance Company of Philadelphia on a fire insurance policy. There was a condition in the policy that if the property to be insured were a leasehold, etc., or if the building stood on leased ground, it must be so represented to the company, otherwise the insurance as to such property should be void. The property insured for plaintiffs was destroyed by fire. Their only title, at the time of the issuing of the policy and at the time of the fire, was a perpetual lease, with rent and the…
1Opinion of the CourtIngalls, J.
When this cause was here upon a former appeal, the judgment, which was in favor of plaintiffs, was reversed, upon the ground that the building which was insured was situated upon leased ground when the policy was obtained, and when the fire occurred, which rendered the insurance void under the conditions contained in the policy. Dowd v. Insurance Co., 41 Hun, 139. That decision should now be held conclusive upon that ques*32tian in this court. Upon the recent trial the plaintiffs sought to sustain their cause of action upon two grounds: First, that Picket, the agent of the company, when the…
2Cited by6 opinions
- Hardin v. Liverpool & London & Globe InsuranceSupreme Court of North Carolina · 1925
- Commercial Standard Ins. v. RobertsonCourt of Appeals for the Sixth Circuit · 1947
- Thompson v. Travelers' InsuranceNorth Dakota Supreme Court · 1902
- Weddington v. Insurance Co.Supreme Court of North Carolina · 1906
- Weddington v. . Insurance Co.Supreme Court of North Carolina · 1906
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