Redfield v. Holland Purchase Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought upon a policy of fire insurance issued by defendant to plaintiff. The facts pertinent to the points discussed appear sufficiently .in the opinion. Plaintiff had no insurable interest in the property mentioned in the policy.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought upon a policy of fire insurance issued by defendant to plaintiff. The facts pertinent to the points discussed appear sufficiently .in the opinion. Plaintiff had no insurable interest in the property mentioned in the policy. (Laws of 1860, chap. 90, § 1; Knapp v. Smith, 27 N. Y., 277; Gage v. Dauchey, 34 id., 293; Fowler v. Ins. Co., 26 id., 422; Reese v. Ins. Co., 23 id., 516; In re Winne, 2…
1Opinion of the CourtAndrews, J.
It is claimed that the plaintiff, when the contract of insurance was made, had no insurable interest in the barn. He was, at that time, in possession of the land on which it stood, but his wife had the legal title. She acquired it by deed from one Jencks, dated November 25, 1868, to *356whom, on the same day, the plaintiff had conveyed the land without consideration, with the intent that he should immediately thereafter convey it to the wife. The real transaction was a conveyance of the land from the husband to her, and the deed to Jencks was interposed for the reason that the disability of…
2Cases cited4 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Ryan v. . WardNew York Court of Appeals · 1872
- Caldwell v. Carrington's HeirsSupreme Court of the United States · 1835
- Kirby v. SissonNew York Supreme Court · 1828
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- Lauder v. JonesNorth Dakota Supreme Court · 1904
- Huson v. DaleMichigan Supreme Court · 1869