McDowell v. Saint Paul Fire & Marine Insurance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John McDowell, from a judgment of the Supreme Court in favor of the defendant insurance company, entered in the office of the clerk of the county of Ulster oil the 28th day of December, 1910, upon the. decision of the court, rendered after a trial before the court without a. jury at the Ulster Trial Term, dismissing' the complaint Upon the merits. •
1Opinion of the Court
Sewell, J.:
TMs action was brought upon a policy of insurance for $1,000, issued January 5, 1910, to the defendant Max Cohen,upon a building in Centerville, Sulhvan county, which was damaged by fire February 2, 1910, to the amount of $3,361.38. At the time the policy was issued, the plaintiff was the owner of a mortgage upon the property to secure the payment of $4,000. ■
The policy contained the statement: “Loss, if any, first payable to John McDowell, mortgagee, as his interest may appeal.” The policy provides among other things that if a fire occurs the insured shall give immediate notice of…
2Cases cited3 opinions
- Cornell v. Le RoyNew York Supreme Court · 1832
- Armstrong v. Agricultural InsuranceNew York Supreme Court · 1890
- Moore v. Hanover Fire InsuranceNew York Supreme Court · 1893