Creighton v. Homestead Fire Insurance
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The action was brought upon a policy of insurance, issued by the defendant to the plaintiff’s assignor upon his interest as lessee in a bouse at one time owned by Mullin, and conveyed by bim as security for a debt of $1,500. At tbe time of the conveyance be received back a lease for eight years at $105 a year rent, with a right to redeem tbe premises on paying tbe $1,500 during tbe term…
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Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The action was brought upon a policy of insurance, issued by the defendant to the plaintiff’s assignor upon his interest as lessee in a bouse at one time owned by Mullin, and conveyed by bim as security for a debt of $1,500. At tbe time of the conveyance be received back a lease for eight years at $105 a year rent, with a right to redeem tbe premises on paying tbe $1,500 during tbe term thereof.
1Opinion of the Court
Boardman, J. :
Mullin, the plaintiff’s assignor, procured the pobcy of insurance upon bis interest as lessee in the bouse burned. At the time when the policy was procured the subagent of the company was fully informed of the nature of the lease, and of the extent of Mullin’s ■interest under it. Berry, the subagent, was acting for Clark, the general agent. Berry is dead. Clark testifies that be understood the premises were held by Mullin under a redemption lease. Berry reported the risk to Clark, who issued the policy. No application was made or signed by Mullin. Under the lease Mullin bad the…
2Cases cited3 opinions
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Clinton v. Hope InsuranceNew York Supreme Court · 1868