Hodges v. . the Tennessee Marine and Fire Insurance Company
New York Court of Appeals
This was an action brought in the Superior court of the city of New York upon a policy of insurance upon a hotel in Massachusetts, issued by the defendant to Joseph A. Slamm on the first of September, 1848. On the same day Slamm conveyed the premises to the plaintiff by a deed absolute on its face. On the 4th of the same month Slamm with the assent of the company assigned the policy to the plaintiff “ as a collateral security.”
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This was an action brought in the Superior court of the city of New York upon a policy of insurance upon a hotel in Massachusetts, issued by the defendant to Joseph A. Slamm on the first of September, 1848. On the same day Slamm conveyed the premises to the plaintiff by a deed absolute on its face. On the 4th of the same month Slamm with the assent of the company assigned the policy to the plaintiff “ as a collateral security.” The property insured was burned in the month of April, 1849. In the complaint the plaintiff alleged that Slamm had conveyed the insured premises to him by deed, “ and…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The determination of the judge in allowing the amendment of the pleadings was within his discretionary power, and is not the subject of review in this court.
The remaining question in the cause relates to the existence of an insurable interest in Slamm at the time of the assignment of the policy to Hodges and of the loss. If such an interest existed, then the plaintiff's recovery can not be disturbed.
Upon the evidence there is no doubt of the following facts:…
2Cases cited1 opinion
- Whittick v. KaneNew York Court of Chancery · 1828
3Cited by17 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- McMahon v. . MacYNew York Court of Appeals · 1872
- Barry v. . Hamburg-Bremen Fire Ins. Co.New York Court of Appeals · 1888
- Carpenter v. . Black Hawk Gold Mining Co.New York Court of Appeals · 1875
- Manufacturers' Bank of Milwaukee v. RugeeWisconsin Supreme Court · 1884
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