Legal Opinion

Shearman v. . the Niagara Fire Ins. Co.

New York Court of Appeals

Decided November 28, 1871PublishedCited by 33 opinions

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

  1. Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
  2. Woodworth v. . BennettNew York Court of Appeals · 1871
  3. Howard v. Albany InsuranceNew York Supreme Court · 1846
  4. Howell v. . the Knickerbocker Life Ins. Co.New York Court of Appeals · 1871
  5. 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

  1. Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
  2. Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
  3. Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
  4. Continental Insurance v. MunnsIndiana Supreme Court · 1889
  5. Homer v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1876

28 more not listed; retrieve them via the Exa API.

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