Martin v. . Tradesmen's Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of defendant, entered upon an order made December 19, 1883, which overruled plaintiffs’ exceptions and directed judgment on an order dismissing the complaint on trial. • (Reported below, 17 J. & S. 416.) This action was brought to recover damages for the alleged conversion or destruction of a policy of insurance. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of defendant, entered upon an order made December 19, 1883, which overruled plaintiffs’ exceptions and directed judgment on an order dismissing the complaint on trial. • (Reported below, 17 J. & S. 416.) This action was brought to recover damages for the alleged conversion or destruction of a policy of insurance. The material facts are stated in the opinion. The policy was absolutely canceled or destroyed by the defendant, and the act constituted a conversion of the policy for which the defendant…
1Opinion of the Court
Rttgeb, Oh. J.
The evidence at the close of plaintiffs’ case tended to show the following facts: At the solicitation of an insurance broker, apparently acting in behalf of mortgagees, on May 22, 1880, the defendant issued and delivered an insurance policy to such broker reading, so far as the part material to this discussion is concerned, as follows: “ Tradesmen’s Insurance Company of Hew York on account of Martin and Kaskell, in case of loss to be paid in funds current in the city of Hew York to the Harlan & Hollingsworth Co., of Wilmington, Del., do make insurance and cause $5,000, to be…
2Cases cited4 opinions
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Meyer v. . HunekeNew York Court of Appeals · 1874
- Van Brunt v. EoffNew York Supreme Court · 1861
3Cited by8 opinions
- First Trust Co. v. Airedale Ranch & Cattle Co.Nebraska Supreme Court · 1939
- Frank v. . Mut. L. Ins. Co. of New YorkNew York Court of Appeals · 1886
- Breeze v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Jenkins v. KuhneNew York Supreme Court · 1907
- Hathaway v. Orient InsuranceNew York Supreme Court · 1890
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