McGrath v. Home Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Home Insurance Company of the City of New York, from a judgment of the Supreme' Court in favor of the plaintiffs, entered in the office of .the clerk of the county of Franklin on' the 28tli day of March, 1903, upon the verdict of a jury for fifty dollars, and also from an order entered in said clerk’s office on the 9th day of April, 1903, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Home Insurance Company of the City of New York, from a judgment of the Supreme' Court in favor of the plaintiffs, entered in the office of .the clerk of the county of Franklin on' the 28tli day of March, 1903, upon the verdict of a jury for fifty dollars, and also from an order entered in said clerk’s office on the 9th day of April, 1903, denying the defendant’s motion for a new trial made upon the minutes. The. plaintiffs were the owners of a certain stock of goods, fixtures, etc., in a building at Bloomingdale, N. Y., used as a meat market. At some time prior to…
1Opinion of the Court
Smith, J.:
Upon the trial the defendant insisted upon three defenses: First, that under the terms of the policy, it was void “ if the interest of the insured be other than unconditional and sole ownership; ” secondly, that the plaintiffs furnished fraudulent proofs of loss; thirdly, that the property was burned by the act or connivance of the plaintiffs. We are convinced that the defendant’s first objection must prevail, and it, therefore, becomes unnecessary to examine the' other questions which the defendant has urgently insisted upon.
It is unquestioned that the interest of McGrath, who was…
2Cases cited5 opinions
- Shotwell v. . DixonNew York Court of Appeals · 1900
- Wangner v. . GrimmNew York Court of Appeals · 1902
- Gillett v. Trustees of Village of KinderhookNew York Supreme Court · 1894
- In re BrundageAppellate Division of the Supreme Court of the State of New York · 1898
- Griffith v. Staten Island R. T. RailroadNew York Supreme Court · 1895
3Cited by9 opinions
- Raible v. Hygienic Ice & Refrigerating Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Miller v. BarnettAppellate Division of the Supreme Court of the State of New York · 1913
- Smith v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Dickinson v. OliverAppellate Division of the Supreme Court of the State of New York · 1904
- Jammal v. Girard Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1924
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