Grosvenor v. Atlantic Fire Insurance
The Superior Court of New York City
This action, comes before the Court, at General Term, on a verdict for the plaintiff, taken subject to the opinion of the Court, on a question of law, arising at the trial, and there directed to be heard at the General Term, in the first instance.
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This action, comes before the Court, at General Term, on a verdict for the plaintiff, taken subject to the opinion of the Court, on a question of law, arising at the trial, and there directed to be heard at the General Term, in the first instance. It was tried before Mr. Justice Bosworth and a jury, on the 6th of November, 1856. The complaint states, that the defendants, by a policy, dated the 14th of November, 1853, for a certain premium paid by, or on behalf of the plaintiff, insured the plaintiff as mortgagee, against loss or damage by fire, on a three story brick dwelling house,…
1Opinion of the CourtBy the Court. Bosworth, J.
The decision of the General Term, in April, 1853, made in an action between the parties to the one now before us, has disposed of most of the questions presented by this appeal, 5 Duer, 517.
That decision determines that the plaintiff can maintain this action, and that no acts of the mortgagor, subsequent to *477the issuing of the policy, can affect the plaintiff’s right to recover. 0
The exception to the testimony of Kellogg, in relation to the conversation between him and the company, at the time he applied for the policy, cannot be of any avail to the defendants.
The construction given to the…
2Cases cited4 opinions
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- Grosvenor v. Atlantic Fire InsuranceThe Superior Court of New York City · 1856
- Salmon v. OrserThe Superior Court of New York City · 1856
3Cited by1 opinion
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888