Dey v. Poughkeepsie Mutual Insurance
New York Supreme Court
THIS is an action upon a policy of insurance against fire, issued by the defendants to Gerard í)ey and the plaintiff, Richard Y. Dey, on the 15th day of October, 1853, by which the said Gerard and Richard Y. Dey were insured in the amount of $>1000 for one year, on certain personal property in a store situated in the village of Geneva, in the county of Ontario.
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THIS is an action upon a policy of insurance against fire, issued by the defendants to Gerard í)ey and the plaintiff, Richard Y. Dey, on the 15th day of October, 1853, by which the said Gerard and Richard Y. Dey were insured in the amount of $>1000 for one year, on certain personal property in a store situated in the village of Geneva, in the county of Ontario. The goods, together with the store in which they were situated, were destroyed by fire on the night of the 20th of November, 1853. The policy contained, among other things, a provision that if the same, or any interest therein, should…
1Opinion of the Court
By the Court, Welles, J.
After the evidence was closed at the trial, the defendants’ counsel moved for a nonsuit upon five distinct grounds, the fifth of which was, that the assignment of the policy was not with the consent of the company. The policy, by its terms, being void if assigned without the consent of the company in writing; and such consent in writing being required, whether the assignment was made before or after a loss. The justice presiding held that each of the defendants’ grounds for a nonsuit, excepting the fifth, embraced a question of fact for the jury; and as to the fifth…
2Cases cited1 opinion
- Wilson v. Genesee Mutual InsuranceNew York Supreme Court · 1853
3Cited by8 opinions
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- Carroll v. Charter Oak InsuranceNew York Supreme Court · 1862
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- Shotwell v. Jefferson InsuranceThe Superior Court of New York City · 1859
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