Lewis v. Guardian Fire & Life Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Edward L. Lewis and by the defendant Charles A. K. MacPherson, from a judgment of the Supreme Court in favor of the defendant Guardian Fire and Life Assurance Company (Limited) of London, England, entered in the office of the clerk of the county of New York on the 14th day of January, 1904,, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
On the 20th of July, 1899, the Owl’s Head Hotel Company, a New York corporation, procured from the defendant the Guardian Fire and Life Assurance Company (Limited), a foreign corporation, a policy of fire insurance in and by which it insured certain prop*159erty located in Canada against loss or damage by fire, to the extent of $4,000, with the “loss, if any, payable to John G. Foster, Esq., agent for mortgagee, as his interest may appear.” During the term of the policy the property was destroyed by fire and a loss sustained in excess of that covered by the insurance. The'…
2Cases cited5 opinions
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Winne v. . Niagara Fire Ins. Co.New York Court of Appeals · 1883
- Gray v. . Germania Fire Ins. Co.New York Court of Appeals · 1898
- Kent v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Sundheimer v. . City of New YorkNew York Court of Appeals · 1903
3Cited by3 opinions
- American Ins. Co. of Newark v. MaddoxCourt of Appeals of Texas · 1933
- Home Ins. Co. of New York v. YoungCourt of Appeals of Texas · 1936
- Feltenstein v. Travelers Indemnity Co.Civil Court of the City of New York · 1964