Legal Opinion

Messelback v. . Norman

New York Court of Appeals

Decided December 2, 1890PublishedCited by 16 opinions

Appeal from order of the G-eneral Term of the Supreme Court imthe third judicial department, entered upon an order made the third Tuesday of FTovember, 1887, which reversed a judgment in favor of plaintiff entered upon the report of a referee, and granted a new trial. This action was brought against defendant as treasurer of the Sun Fire Office of London, an association formed and created under the laws of England, upon a policy of fire insurance issued by that association.

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Appeal from order of the G-eneral Term of the Supreme Court imthe third judicial department, entered upon an order made the third Tuesday of FTovember, 1887, which reversed a judgment in favor of plaintiff entered upon the report of a referee, and granted a new trial. This action was brought against defendant as treasurer of the Sun Fire Office of London, an association formed and created under the laws of England, upon a policy of fire insurance issued by that association. The facts, so far as material, are stated in the opinion. This being an appeal from an order reversing a judgment on the…

1Opinion of the Court

Follett, Ch. J.

June 9, 1883, the defendant insured the plaintiff against such loss or damage not exceeding $1,500 as should be caused by fire during the next three years to a building then in process of erection, which, when completed, was to be occupied as a dwelling. The policy contained, among others, the following provisions:

“ This policy shall become void, unless consent in writing is indorsed hereon by or on behalf of the society, in each of the following instances * * * If any building hereby insured be or become vacant or unoccupied for the purpose indicated in this contract.”

The…

2Cases cited2 opinions

  1. Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
  2. Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890

3Cited by16 opinions

  1. Dudley v. . PerkinsNew York Court of Appeals · 1923
  2. Bishop v. Agricultural InsuranceNew York Court of Appeals · 1892
  3. Coles v. Jefferson Ins. Co.West Virginia Supreme Court · 1895
  4. Gerling v. Agricultural Ins.West Virginia Supreme Court · 1892
  5. Frost v. North British & Mercantile InsuranceSupreme Court of Vermont · 1905

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