Sexton v. Home Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Home Fire Insurance Company of the city of New York, from so much of an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of ’Wayne on the 15th day of October, 189S, as refuses to allow an interpleader and the deposit of the amount of money claimed by the plaintiff in court, on payment of the costs and disbursements of the action, up to the time when the motion to interplead was made.
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Appeal by the defendant, The Home Fire Insurance Company of the city of New York, from so much of an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of ’Wayne on the 15th day of October, 189S, as refuses to allow an interpleader and the deposit of the amount of money claimed by the plaintiff in court, on payment of the costs and disbursements of the action, up to the time when the motion to interplead was made. The action was brought to recover the amount of a loss covered by a policy of fire insurance issued by the defendant.
1Opinion of the Court
Hardin, P. J.:
Appellant’s papers used upon the motion show its willingness to pay the money to satisfy its liability under its policy of insurance, and that it is not in' collusion with Bennett or any other party.
It also appears that, by the terms of the renewed policy, the title to the real estate had passed to George Bennett, and that when the fire took place the loss was payable, by the terms of the agreement of defendant, to the plaintiff or the assured, George Bennett, “as their interest may appear.”
It is made manifest by the papers in the record that Bennett has steadily claimed an…
2Cases cited2 opinions
- Perkins v. . SmithNew York Court of Appeals · 1889
- Wertheimer v. Independent Order Free Sons of JudahAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912