Shearman v. . the Niagara Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment entered upon a verdict in favor of plaintiff. The action is brought to recover upon a policy of insurance issued by defendant.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment entered upon a verdict in favor of plaintiff. The action is brought to recover upon a policy of insurance issued by defendant. The defendant, with three other companies, issued a policy insuring Lewis J. Shearman for one year from March 21st, 1866, for $2,800 on his dwelling, and $200 on shrubbery and fencing, situate on Castle street, Wilmington, N. C., each company to be severally liable for one-quarter. On November 22, 1866, the insurance was increased to $3,500. On March 21,…
1Opinion of the Court
Church, Oh. J.
The points relied upon by the appellants in this court, are the same presented upon a motion for a non-suit, when the plaintiff rested, and again at the close of the evidence. They are, substantially: 1. That the property, having been transferred without the consent of the company, the renewal of the policy afterward without such consent was void, and rendered the policy a wager policy, void both by statute and common-law. 2. That there was no evidence of a consent on the part of the company, to a transfer of the property to the plaintiff; and 3. That there was such a change of…
2Cases cited7 opinions
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Woodworth v. . BennettNew York Court of Appeals · 1871
- Howard v. Albany InsuranceNew York Supreme Court · 1846
- Howell v. . the Knickerbocker Life Ins. Co.New York Court of Appeals · 1871
- Fowler v. . the New York Indemnity Insurance CompanyNew York Court of Appeals · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
- Continental Insurance v. MunnsIndiana Supreme Court · 1889
- Homer v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1876
28 more not listed; retrieve them via the Exa API.