Frink v. Hampden Insurance
New York Supreme Court
Appeal from an order of the court, at special term, overruling a demurrer. The complaint alleged the defendants to be an incorporation, as an insurance company, under and by virtue of the laws of the State of Massachussetts; the application of one Richard < Hurst, of the village of Cohoes, to the company, to be insured against loss or damage by fire, -upon certain property owned by him, for the term of one year from the 1st day of August, 1863 ; that the defendants became…
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Appeal from an order of the court, at special term, overruling a demurrer. The complaint alleged the defendants to be an incorporation, as an insurance company, under and by virtue of the laws of the State of Massachussetts; the application of one Richard < Hurst, of the village of Cohoes, to the company, to be insured against loss or damage by fire, -upon certain property owned by him, for the term of one year from the 1st day of August, 1863 ; that the defendants became insurers, setting out the certificate of insurance in full, “ loss, if any, payable to J. W. Frink, as collateral,” the…
1Opinion of the Court
By the Court.*—Miller, J.
It is not claimed that the plaintiff had any insurable interest in the property insured, but it is insisted that he was the appointee of Hurst, the insured, to receive the loss, if any was incurred, and hence is entitled to maintain this action.
In Grosvenor v. The Atlantic Fire Ins. Co. (17 N. Y., 391) the action was brought by the mortgagee, to whom the loss was payable, and it was held that he could not recover, because of a breach of the conditions of the policy by the mortgagor. The learned judge in this case held that the plaintiff was the appointee of the party…
2Cases cited5 opinions
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Granger v. Howard InsuranceNew York Supreme Court · 1830
- Hooper v. . the Hudson River Fire Insurance CompanyNew York Court of Appeals · 1858
- Bidwell v. . Northwestern Insurance CompanyNew York Court of Appeals · 1859
3Cited by9 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Westchester Fire Insurance v. CoverdaleSupreme Court of Kansas · 1892
- Kent v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Baltis v. DobinNew York Supreme Court · 1874
- Luckey v. GannonThe Superior Court of New York City · 1869
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