Messelback v. . Norman
New York Court of Appeals
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
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
3Cited by16 opinions
- Dudley v. . PerkinsNew York Court of Appeals · 1923
- Bishop v. Agricultural InsuranceNew York Court of Appeals · 1892
- Coles v. Jefferson Ins. Co.West Virginia Supreme Court · 1895
- Gerling v. Agricultural Ins.West Virginia Supreme Court · 1892
- Frost v. North British & Mercantile InsuranceSupreme Court of Vermont · 1905
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