Vucci v. North British & Mercantile Insurance
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by John Vucci against the North British & Mercantile Insurance Company. From a Municipal Court judgment in favor of plaintiff, defendant appeals. Reversed.
1Opinion of the CourtScott, J.
The plaintiff was insured under a fire policy in the standard form. It contained the usual condition that the policy should be void “if the interest of the assured be other than unconditional and sole ownership; or if the subject of insurance be personal property and be or become incumbered by a chattel mortgage.” The goods were insured under two clauses, one as the stock of merchandise, the other as a barber’s furniture and fixtures. It is con*987ceded by the appellant that the policy was severable, but it is urged that, inasmuch as a portion of the furniture and fixtures were concededly…
2Cases cited1 opinion
- Fitzgerald v. Atlanta Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1901