Rohrbach v. . Germania Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 1 H. T. S. 0. [T. & C.j, 339.) This was an action upon a policy of insurance, by its terms insuring plaintiff upon “ his two framed buildings ” situate in the village of Jeffersonville, 1ST. T. Prior to the 28th June, 1868, the plaintiff had been in the employ of Margaretha Hartmann, and she was indebted to him for his labor and services. On that day they intermarried. On the thirtieth of the same month she executed…
1Opinion of the CourtFolger, J.
The plaintiff cannot maintain this action, unless he had-.an insurable interest in the buildings which were the subject of the risk taken by the defendants, and which were destroyed by fire. He seeks to found such an interest, upon the instrument in writing, executed by his wife after her marriage to him.
Without entering minutely into a consideration of the effect of the marriage upon her pre-existing obligations and liabilities to him, it is sufficient to say, that the instrument executed by her was based upon a consideration adequate to uphold her express promise; that though made by a…
2Cases cited16 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Herkimer v. . RiceNew York Court of Appeals · 1863
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3Cited by96 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Knights of Pythias v. WithersSupreme Court of the United States · 1900
- Matter of FayNew York Court of Appeals · 1943
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Walker v. DoeWest Virginia Supreme Court · 2002
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