Matter of Hine v. . Woolworth
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 12,1883, which affirmed an order of Special Term, denying the application of Leander Hine for an order requiring defendant, as receiver of the Homestead Fire Insurance Company, to pay a claim of said Hine under a policy of insurance issued by said company. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 12,1883, which affirmed an order of Special Term, denying the application of Leander Hine for an order requiring defendant, as receiver of the Homestead Fire Insurance Company, to pay a claim of said Hine under a policy of insurance issued by said company. The facts, so far as material, are stated in the opinion. If a clause be inserted in a contract creating a forfeiture on the happening of certain events, the party who puts it out of its power to comply herewith cannot, and in justice…
1Opinion of the CourtEarl, J.
On the 30th day of May, 1877, the Homestead Fire Insurance Company issued a policy of insurance to John Brouillet for the period of three years, from that date. It insured Brouillet against loss or damage by fire to the amount of $1,160, on his dwelling-house, furniture, etc., the loss if any first payable to Leander Hiñe, as his mortgage interest might appear. The policy contained a condition that if the property insured should be sold or conveyed, or if the interest of the insured therein should be changed in any manner, whether by act of the insured or by operation of law, the policy…
2Cases cited2 opinions
- Lappin v. Charter Oak Fire & Marine InsuranceNew York Supreme Court · 1870
- Sherwood v. Agricultural Insurance of WatertownNew York Court of Appeals · 1878
3Cited by12 opinions
- Forest City Insurance v. HardestyIllinois Supreme Court · 1899
- Trabue v. Dwelling House InsuranceSupreme Court of Missouri · 1894
- Pfister v. GerwigIndiana Supreme Court · 1890
- Michigan Trust Co. v. City of Grand RapidsMichigan Supreme Court · 1933
- Quarles v. ClaytonTennessee Supreme Court · 1889
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