Armstrong v. Agricultural Insurance
New York Supreme Court
Appeal from special term, Westchester county. Action by Alexander Armstrong against Agricultural Insurance Company. Defendant appeals from a judgment entered in favor of plaintiff.
1Opinion of the CourtBarnard, P. J.
The plaintiff holds a mortgage upon certain lands in Westchester county. There was a dwelling-house thereon, and the defendant issued a policy to the owner of the land, “loss, if any, first payable to Alex. Armstrong, mortgagee, as interest may appear.” The mortgage was-for $4,500, and was wholly unpaid. The dwelling-house burned down, and the first question is as to the preliminary loss papers. The condition accompanying the policy provides that the “assured” shall deliver the preliminary loss statement to the company in case of loss. The owner refused to make them out when requested to do…
2Cases cited5 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Heilmann v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Cornell v. Le RoyNew York Supreme Court · 1832
3Cited by5 opinions
- Wells Fargo Bank International Corp. v. London Steam-Ship Owners' Mutual InsuranceDistrict Court, S.D. New York · 1976
- McDowell v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1913
- Heilbrunn v. German Alliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
- McDowell v. Saint Paul Fire & Marine Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1911
- McDowell v. Saint Paul Fire & Marine Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1911