Green v. . Homestead Fire Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 17 Hun, 467.) This action was upon a policy of fire insurance, issued to plaintiff by the defendant September 4,1876, upon a building and personal property.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 17 Hun, 467.) This action was upon a policy of fire insurance, issued to plaintiff by the defendant September 4,1876, upon a building and personal property. The policy contained a clause conditioned “ that the company shall not be liable for any loss, * * * * if, without written consent hereon, the property shall hereafter become incumbered in any way.” Also, “ or if the…
1Opinion of the CourtRapallo, J.
The notice tiled in pursuance of the mechanic’s lien law clearly did not effect any change of interest in the property insured.
The only other question presented on this appeal is whether the filing of the notice of lien created an incumbrance in violation of a condition of the policy. The condition alleged to have been violated was that the company should not be liable for loss if, without written consent, on the policy, the property should become incumbered in any way. The policy was issued on the 4th of September, 1876. The notice of lien was filed on the 19th of- September, 1876. The fire…
2Cases cited1 opinion
- Baley v. . Homestead Fire Ins. Co.New York Court of Appeals · 1880
3Cited by18 opinions
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Lyon v. . ParkNew York Court of Appeals · 1888
- Continental Insurance v. BairIndiana Court of Appeals · 1917
- Walradt v. Phœnix Insurance Co. of HartfordNew York Court of Appeals · 1893
- Gerling v. Agricultural Ins.West Virginia Supreme Court · 1892
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