Hoffman v. Ætna Fire Insurance
New York Court of Appeals
The action was on a policy of insurance for $6,000, issued in February, 1861, to Hoffman, Place & Co., of Hew York, covering their stock of merchandise, including not only their own goods, but those held by them in trust or on commission, or sold hut not delivered, in their brick and marble store in Broadway. The policy contained, among other things, a printed proviso that it should be null and void, “ if the said property shall he sold or conveyed.”
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The action was on a policy of insurance for $6,000, issued in February, 1861, to Hoffman, Place & Co., of Hew York, covering their stock of merchandise, including not only their own goods, but those held by them in trust or on commission, or sold hut not delivered, in their brick and marble store in Broadway. The policy contained, among other things, a printed proviso that it should be null and void, “ if the said property shall he sold or conveyed.” The insurance was renewed in February, 1862. On the 7th of March following, Silvernail, one of the partners, retired from the business, selling…
1Opinion of the CourtPorter, J.
The weight of judicial authority in this State is against the doctrine that a policy issued to a firm is forfeited by a transfer of interest as between the parties assured. As a contrary opinion has prevailed to some extent, it may be well briefly to retrace the history of this question in our courts.
It first arose in 1840, on the trial of the case of McMasters v. The Westchester Mutual Insurance Co. (25 Wend., 379). The policy was issued to McMasters & Bruce. Evidence was given tending to show that the interest of Bruce in the partnership property was assigned before the loss to McMasters.…
2Cases cited11 opinions
- Barlow v. . ScottNew York Court of Appeals · 1861
- Howard v. Albany InsuranceNew York Supreme Court · 1846
- Harper v. . New York City Insurance CompanyNew York Court of Appeals · 1860
- McMasters v. Westchester County Mutual InsuranceNew York Supreme Court · 1841
- The Buffalo Steam Engine Works v. . the Sun Mut. Ins. Co.New York Court of Appeals · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by161 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- White v. . HoytNew York Court of Appeals · 1878
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
156 more not listed; retrieve them via the Exa API.