Petello v. Teutonia Fire Insurance
Supreme Court of Connecticut
Action to recover the amount of a loss under a policy of fire insurance, brought to and tried by the City Court of Waterbury, Thoms, J., and thence, by defendant’s appeal, to the District Court of Waterbury and tried to the court, Peasley, J.; facts found and judgment rendered for the plaintiff for $500 damages, and appeal by the defendant.
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Action to recover the amount of a loss under a policy of fire insurance, brought to and tried by the City Court of Waterbury, Thoms, J., and thence, by defendant’s appeal, to the District Court of Waterbury and tried to the court, Peasley, J.; facts found and judgment rendered for the plaintiff for $500 damages, and appeal by the defendant. The plaintiff, on November 13th, 1911, bought from one Paladino the stock and fixtures of a barber-shop known as No. 600 Bank Street, in the city of Waterbury, and paid therefor $400, which he had borrowed for that purpose from one Criscitiello, his…
1Opinion of the CourtBeach, J.
The first assignment of error raises the question whether the bills of sale, given under the circumstances stated in the finding, avoid the policy as a breach of the condition that the interest of the insured should be that of sole and unconditional ownership.
As between the parties, the transaction was one to which a court of equity might give the effect of a mortgage, although the bill of sale was absolute in form. It could have no other effect. Morin v. Newbury, 79 Conn. 338, 340, 65 Atl. 156; Lovell v. Hammond Co., 66 Conn. 500, 510, 34 Atl. 511.
It is generally held that outstanding…
2Cases cited22 opinions
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- Dolliver v. St. Joseph Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1880
- Arkansas Ins. Co. v. CoxSupreme Court of Oklahoma · 1908
- State v. HurlburtSupreme Court of Connecticut · 1909
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Anderson v. YaworskiSupreme Court of Connecticut · 1935
- Mishiloff v. American Central InsuranceSupreme Court of Connecticut · 1925
- Cook v. Citizens Insurance Co.West Virginia Supreme Court · 1928
- Bessette v. Fidelity & Casualty Co.Supreme Court of Connecticut · 1930
- Adler v. Ammerman Furniture Co.Supreme Court of Connecticut · 1924
8 more not listed; retrieve them via the Exa API.