McGivney v. Phœnix Fire Insurance
New York Supreme Court
Action on a policy of insurance. On the 29 th October, 1825, the defendants insured the plaintiff against loss or damage by fire on a two story frame building, privileged as a grocery, and on a stable and shed adjoining, situate in the city of New-York, $2,500, and on his stock of groceries, shop, furniture and fixtures, household furniture, &c. §5000, The plaintiff was at the time, and had been for several years, in possession of the premises.
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Action on a policy of insurance. On the 29 th October, 1825, the defendants insured the plaintiff against loss or damage by fire on a two story frame building, privileged as a grocery, and on a stable and shed adjoining, situate in the city of New-York, $2,500, and on his stock of groceries, shop, furniture and fixtures, household furniture, &c. §5000, The plaintiff was at the time, and had been for several years, in possession of the premises. About a year previous to the destruction of the property by fire, which took place in December, 1825, be had bought the lot on which the buildings…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff is entitled to judgment. Though the fee of the premises was in another, the plaintiff was in possession under a contract of purchase, had made a payment of interest in pursuance thereof and" had made valuable improvements. He, therefore, had an insurable interest in the premises. The omission of disclo*87¡sure of title is not presented by the bill of exceptions as a point raised at the trial, and cannot now be considered.
UTICA, Aug. 1828. Van Nest v. 'Y. eomans.
Judgment for plaintiff.
2Cited by6 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- McKechnie v. SterlingNew York Supreme Court · 1867
- Allyn v. AllynMassachusetts Supreme Judicial Court · 1891
- Wicks v. BowmanNew York Court of Common Pleas · 1874
- Shotwell v. Jefferson InsuranceThe Superior Court of New York City · 1859
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