Adams v. . Greenwich Insurance Co.
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 a verdict. (Reported below, 9 Hun, 45.) This action was brought upon a policy of fire insurance issued by defendant to Emily Adams and by her assigned to plaintiff’s testator, after loss, and service of notice and proof thereof.
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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 a verdict. (Reported below, 9 Hun, 45.) This action was brought upon a policy of fire insurance issued by defendant to Emily Adams and by her assigned to plaintiff’s testator, after loss, and service of notice and proof thereof. The policy contained a clause providing that, if the premises insured should become vacant or unoccupied and so remain for more than thirty days without notice to and consent of the company in writing, the policy…
1Per curiam
The position was not taken on the motion for a nonsuit at the close of the plaintiff’s case, that the assured had not an insurable interest in the premises insured, or that the title was not in her. The plaintiff sued as the personal representative of the assignee of the assured, and the non-suit was asked upon the sole ground that there was no proof of the plaintiff’s right or title to recover for the loss or damage covered by the policy. No defect in her title to the benefit of the policy was then pointed out, or is now insisted upon, and the reasons assigned for the motion did not cover a…
2Cited by10 opinions
- White v. Rio Grande Western Railway Co.Utah Supreme Court · 1900
- People v. SeldnerAppellate Division of the Supreme Court of the State of New York · 1901
- National Bank v. ScrivenNew York Supreme Court · 1892
- Doratio v. JacksonAppellate Division of the Supreme Court of the State of New York · 1916
- Carlson v. WintersonNew York Court of Common Pleas · 1894
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