Benjamin v. . the Saratoga County Mutual Fire Ins. Co.
New York Court of Appeals
Appeal from the Supreme Court. Action on a fire policy issued by the defendant on the 10th of October, 1854. The trial was at the Chemung circuit, December, 1853, before Mr. Justice Gray, without a jury. The judge found the following facts: At the time of the application for insurance, the plaintiff was a shareholder in an association which had built and owned a hotel in the village of Elmira.
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Appeal from the Supreme Court. Action on a fire policy issued by the defendant on the 10th of October, 1854. The trial was at the Chemung circuit, December, 1853, before Mr. Justice Gray, without a jury. The judge found the following facts: At the time of the application for insurance, the plaintiff was a shareholder in an association which had built and owned a hotel in the village of Elmira. D. H. Tuthill and two others were trustees of the association, and held the legal title to the hotel, for its benefit. The plaintiff was also a creditor of the association in the sum of $9,000, secured…
1Opinion of the CourtHarris, J.
The application for insurance, which became a part of the contract between the parties, stated truly that the property was owned by a company, of which Tuthill and the plaintiff were members, and that it was mortgaged to the plaintiff to secure $9,000. I am inclined to think the policy, issued under these circumstances, Would enure to the benefit of all the parties interested in the property; primarily, perhaps, to the benefit of the mortgagee, and ultimately to the benefit of the owners. But this is a question which, though discussed at the bar, it is deemed unnecessary to determine.
After…
2Cited by8 opinions
- Fields v. Western Millers Mutual Fire Insurance Co.New York Court of Appeals · 1943
- Foster v. . Van ReedNew York Court of Appeals · 1877
- Wood v. . the North Western Ins. Co.New York Court of Appeals · 1871
- Aetna Casualty & Surety Co. v. Cameron Clay Products, Inc.West Virginia Supreme Court · 1966
- Providence Washington Insurance v. The SidneyDistrict Court, S.D. New York · 1885
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