Legal Opinion

Kernochan v. . the New-York Bowery Fire Insurance Company

New York Court of Appeals

Decided June 5, 1858PublishedCited by 46 opinions

Appeal from the Superior Court of New-York. The action was on a policy of fire insurance, made to the plaintiff as mortgagee. The answer, among other things, denied notice and proof of loss, according to the condition of the policy, and alleged that the mortgage was ample security for what remained unpaid of the mortgage debt, wherefore the plaintiff was not injured by the fire.

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Appeal from the Superior Court of New-York. The action was on a policy of fire insurance, made to the plaintiff as mortgagee. The answer, among other things, denied notice and proof of loss, according to the condition of the policy, and alleged that the mortgage was ample security for what remained unpaid of the mortgage debt, wherefore the plaintiff was not injured by the fire. On the trial before Mr. Justice Woodruff, in January, 1856, these facts were proved: The policy was on two buildings, and dated May 1, 1848, and the defendants thereby insured the plaintiff, “as mortgagee, against…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The notice of loss in this case, in the name of George F. Cooledge Brother, stated that the buildings were insured by the defendants, and specified their numbers, and the streets on which they were…

2Cases cited1 opinion

  1. Chester v. . the Bank of KingstonNew York Court of Appeals · 1857

3Cited by46 opinions

  1. Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
  2. Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
  3. Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
  4. Springfield Fire & Marine Insurance v. AllenNew York Court of Appeals · 1871
  5. Anderson v. MillerTennessee Supreme Court · 1896

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