Lett v. Guardian Fire Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 24, 1889, affirming a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit. This was an action upon a policy of fire insurance issued by the defendant. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 24, 1889, affirming a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit. This was an action upon a policy of fire insurance issued by the defendant. The facts, so far as material, are stated in the opinion. Plaintiff was entitled to recover in his own right, as there was evidence sufficient to sustain á finding of fact by the jury that the defendant consented to the change in the ownership. (Landers v. W. Ins. Co., 86 N.…
1Opinion of the CourtGray, J.
The policy of insurance, upon which this plaintiff seeks to recover against the insurance company, was not alive instrument in his hands. Its assignment brought no right of action to him. The facts would seem to establish these propo sitions without the need of argument. The policy was issued to Briggs, as the owner of the property, and the loss, if any, was made payable to Angelina Butlqr, as mortgagee. Subsequently Briggs, the owner and mortgagor, conveyed to another the premises, subject to the mortgage; and the grantee, in turn, similarly conveyed to plaintiff. At the time of the…
2Cases cited2 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Savage v. . Howard Insurance CompanyNew York Court of Appeals · 1873
3Cited by16 opinions
- St. Paul Fire & Marine Insurance v. RuddyCourt of Appeals for the Eighth Circuit · 1924
- Truglio v. Zurich General Accident & Liability InsuranceNew York Court of Appeals · 1928
- Davis v. Bremer County Farmers Mutual Fire InsuranceSupreme Court of Iowa · 1912
- National Union Fire Insurance Company v. HenrySupreme Court of Arkansas · 1930
- Brighton Beach Racing Ass'n v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1906
11 more not listed; retrieve them via the Exa API.