Skinner v. Norman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick Henry Norman, as treasurer of the Sun Fire Office, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 8th day of February, 1894, upon the verdict of a jury, and also from an order entered in said clerk’s office denying the'defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Frederick Henry Norman, as treasurer of the Sun Fire Office, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 8th day of February, 1894, upon the verdict of a jury, and also from an order entered in said clerk’s office denying the'defendant’s motion for a new trial made upon the minutes. On and prior to August 8, 1891, the plaintiff was the owner of the steamer Geneva, of which Frank Andrews was then the master or captain, and which was engaged in the business of carrying passengers…
1Opinion of the Court
Green, J.:
There is practically no dispute upon the facts.
The plaintiff’s claim is that, although the policy contains a clause providing that the- same, unless otherwise provided by agreement *612indorsed thereon or added thereto, should be void if the subject of insurance be personal property and be or become incumbered by a chattel mortgage, and notwithstanding the fact that the property so insured was personal property and was incumbered by a chattel mortgage at the time the same was insured, and that that fact was not indorsed upon or added to the policy, the defendant is estopped from setting…
2Cases cited10 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
- Moore v. Hanover Fire InsuranceNew York Court of Appeals · 1894
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- Clarkson v. Western Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Tilton v. Farmers' InsuranceNew York Supreme Court · 1913