David v. Williamsburg City Fire Insurance
New York City Court
Appeal by plaintiff from a judgment entered on a verdict, and from an order denying a new trial. The action was brought by Mrs. David, against the Williamsburgh City Fire Insurance Company, for $2,066.67, on a policy. Plaintiff insured in the defendant on June 5, 1877, for one year, as follows: $1,000 on furniture, wearing apparel, &c.; $2,000 on homestead, Pompton, Passaic county, N. J.; $500 on carriages and sleigh ; and $1,500 on three horses.
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Appeal by plaintiff from a judgment entered on a verdict, and from an order denying a new trial. The action was brought by Mrs. David, against the Williamsburgh City Fire Insurance Company, for $2,066.67, on a policy. Plaintiff insured in the defendant on June 5, 1877, for one year, as follows: $1,000 on furniture, wearing apparel, &c.; $2,000 on homestead, Pompton, Passaic county, N. J.; $500 on carriages and sleigh ; and $1,500 on three horses. On November 21, 1877, there was a fire, and plaintiff estimated her loss at the sum claimed. The defendants denied that the plaintiff had any…
1Opinion of the Court
Neilson, Ch. J.
The question on the trial was, whether the plaintiff had an insurable interest in the property at the time the policy was issued. The allegation in the complaint that she had such interest as owner was denied by the answer. The plaintiff claimed title under Marx David. A deed of the real, and bills of sale of the personal property, executed by her husband to Marx David, and like conveyances purporting to have been executed by Marx David to the plaintiff, were put in evidence on the trial. ’ It appears from the case that there was evidence tending to show that there was no such…
2Cases cited5 opinions
- Parsons v. BrownNew York Supreme Court · 1853
- Yates v. . the PeopleNew York Court of Appeals · 1865
- Fowler v. New York Indemnity InsuranceNew York Supreme Court · 1856
- Seymour v. CowingNew York Court of Appeals · 1864
- Covert v. GrayNew York Supreme Court · 1866