Singleton v. Home Insurance
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made February 11, 1890, which affirmed an order of Special Term denying a motion to vacate and disallow the taxation of costs in plaintiffs favor, and to have the costs of the defendant corporation allowed against him. The facts, so far as material, are stated in the opinion. This order is appealable. (Code Civ.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made February 11, 1890, which affirmed an order of Special Term denying a motion to vacate and disallow the taxation of costs in plaintiffs favor, and to have the costs of the defendant corporation allowed against him. The facts, so far as material, are stated in the opinion. This order is appealable. (Code Civ. Pro. §§ 190/738; 63 N. Y. 261; 22 id. 290.) This action can be severed and a separate judgment taken against the defendant insurance company, in favor of the plaintiff, and a separate…
1Opinion of the CourtPeckham, J.
The plaintiff was insured in the defendant’s company to the amount of $1,350. The insurance was for $1,100 on the real estate, and $250 on personal property. The loss, if any, occurring on the real estate was, by the terms of the policy, payable to defendant J ames E. Coit, as his mortgage interest therein should appear. The plaintiff sustained a loss by fire. The amount of the loss on the personal property was conceded to be $100, and no one but the plaintiff had any interest in its payment. In regard to the real estate the plaintiff claimed a larger loss than the defendant admitted. Hence…
2Cited by5 opinions
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