Riggs v. Commercial Mutual Insurance
New York Court of Appeals
' Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made Hay 6, 1889, which affirmed a judgment in favor oí plaintiff entered upon a decision of the court on trial at Special Term. This was an action upon a policy of insurance issued by the defendant to J. L. Tobias, loss, if any, payable to Andrew Simonds, plaintiff’s assignor, upon the body, tackle, apparel and other furnitures of the steamer “Falcon.”
Read the full summary
' Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made Hay 6, 1889, which affirmed a judgment in favor oí plaintiff entered upon a decision of the court on trial at Special Term. This was an action upon a policy of insurance issued by the defendant to J. L. Tobias, loss, if any, payable to Andrew Simonds, plaintiff’s assignor, upon the body, tackle, apparel and other furnitures of the steamer “Falcon.” It appeared that Tobias had no interest in the property except that he owned thirty-six shares of the stock of the corporation, to…
1Opinion of the CourtAndrews, J.
The defendant is, we think, precluded by the stipulation of January 10,1889, from raising any question on this appeal except as to whether Tobias, the assignor of the plaintiff, by reason of his being a stockholder in the.Merchants’ Steamship Company, had an insurable interest in the Falcon when the policy was issued, and perhaps the further question whether that interest, if it existed, was covered by the policy. The situation when the stipulation was made was this: The judgment which the plaintiff recovered at the Trial Term had been reversed at the General Term, and a new trial had been…
2Cases cited7 opinions
- Van Allen v. AssessorsSupreme Court of the United States · 1866
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
- Warren v. Davenport Fire InsuranceSupreme Court of Iowa · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Crossman v. American InsuranceMichigan Supreme Court · 1917
- Aetna Fire Ins. v. KennedySupreme Court of Alabama · 1909
- Davis v. Phoenix InsuranceCalifornia Supreme Court · 1896
- Michael v. Prussian National InsuranceNew York Court of Appeals · 1902
38 more not listed; retrieve them via the Exa API.