National Filtering Oil Co. v. Citizens' Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 16, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. The action was upon a policy of fire insurance, the substance of which and the material facts are stated in the opinion.
1Opinion of the CourtFinch, J.
The insurance which forms the subject of this litigation was of an unusual character, and presents a question for the solution of which we have no admitted precedent. It was an insurance upon the oil reducing and filtering works of Ellis & Co., and for the protection of specified royalties, payable by that firm to the plaintiff as compensation for an exclusive license to use in their business a certain patent which belonged to and was controlled by the plaintiff company. The policy, by its terms, insured that company “ on royalties payable to insured from the business of John Ellis & Co.,…
2Cases cited1 opinion
- Herkimer v. . RiceNew York Court of Appeals · 1863
3Cited by16 opinions
- NATIONAL UN. FIRE INS. CO. v. Anderson-Prichard Oil Corp.Court of Appeals for the Tenth Circuit · 1944
- Scarola v. Insurance Co. of North AmericaNew York Court of Appeals · 1972
- Etterle v. Excelsior InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
- Scarola v. INS. CO. OF N. AMER.New York Court of Appeals · 1972
- Citizens Savings & Loan Ass'n v. Proprietors InsuranceAppellate Division of the Supreme Court of the State of New York · 1981
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