Donley v. Glens Falls Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Glens Falls Insurance Company, from that part of a judgment of the Supreme Court, entered in the office of the cleric of the county of Yates on the 15th day of June, 1904, which was entered upon the verdict of a jury in favor of the plaintiff, a nonsuit having been granted by the court as to a portion of the complaint, and also from an order entered in said clerk’s office-on the 9th day of June, 1904, denying the defendant’s motion for a new…
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Appeal by the defendant, the Glens Falls Insurance Company, from that part of a judgment of the Supreme Court, entered in the office of the cleric of the county of Yates on the 15th day of June, 1904, which was entered upon the verdict of a jury in favor of the plaintiff, a nonsuit having been granted by the court as to a portion of the complaint, and also from an order entered in said clerk’s office-on the 9th day of June, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1DissentMcLennan, P. J.
I do not think it is the law of this State that a person may procure a .building and the personal property therein to be insured against loss by fire upon an application in which he warrants that he is the owner of the building, free and clear, of all incumbrance, as well as of the personal property, and in case all is destroyed by fire, even although the amount of insurance upon each kind of property is specified, may admit he did not own the building, that his statement in that regard was false, and still recover the. value of the personal property, the only part of the subject of insurance…
2Cases cited9 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Savage v. . Howard Insurance CompanyNew York Court of Appeals · 1873
- Knowles v. American Insurance Co. of BostonNew York Supreme Court · 1892
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