Richmond v. . Niagara Fire Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 15 Hun, 248.) This action was brought by plaintiff, as executrix of the will of Dean Richmond, deceased, upon two certificates of insurance issued by the underwriters agency at Oshkosh, Wis., to Wm.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 15 Hun, 248.) This action was brought by plaintiff, as executrix of the will of Dean Richmond, deceased, upon two certificates of insurance issued by the underwriters agency at Oshkosh, Wis., to Wm. M. Berry & Co. of that place, insuring them against loss by fire on wheat in the Northwestern Agency in that city. The facts found by the court are substantially as follows : At and…
1Opinion of the CourtAndrews, J.
The General Term reversed the judgment -of the trial court on the ground that there was a breach of the condition in the policy which declares that “ if the interest of the insured in the property be any other than the entire, unconditional and sole ownership of the property for the use and benefit of the assured, it must be so represented to the company and so expressed in the written part of this policy, otherwise the policy shall be void. ” The decision of the General Term proceeds upon the ground that the delivery by Berry & Co., to Richmond of the two warehouse receipts, prior to the…
2Cases cited1 opinion
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
3Cited by24 opinions
- Liverpool & London & Globe Insurance v. EndeTexas Supreme Court · 1885
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Home Insurance Co. of New York v. GibsonMississippi Supreme Court · 1894
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