Harvey v. . Cherry
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 the report of a referee. (Reported below, 12 Hun, 283.) This action was brought to determine the conflicting claims of plaintiff and defendant, Cherry, to certain insurance money in the hands of the. other defendants as the personal representatives of John H. White, deceased.
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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 the report of a referee. (Reported below, 12 Hun, 283.) This action was brought to determine the conflicting claims of plaintiff and defendant, Cherry, to certain insurance money in the hands of the. other defendants as the personal representatives of John H. White, deceased. The referee found substantially the following facts : Prior to March 2, 1872, one Charles R. Brown was the owner of certain real estate in Saratoga Springs known as…
1Opinion of the CourtDanforth, J.
The defendant took many exceptions to the referee’s findings of fact, but as he fails to point out in what respect any one of them is unsupported by evidence, it is unnecessary to consider them. The referee, from- his findings of fact, concluded, as matter of law, that the plaintiff was entitled to the money in question. This decision presents the only question to be determined upon this appeal.
1. The plaintiff had an insurable interest in the property covered by the policies. He Avas not only a creditor, but had, by proceedings duly instituted, acquired a lien upon the premises to the amount…
2Cases cited7 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
- Turner v. BurrowsNew York Supreme Court · 1830
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Scutella v. County Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1931
- Gillespie v. Scottish Union & National Ins.West Virginia Supreme Court · 1906
- Graziane v. National Surety Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Bellnier v. BellnierAppellate Division of the Supreme Court of the State of New York · 1990
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