Weed v. London & Lancashire Fire Insurance
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the third judicial department, made the first Tuesday of May 1886, which reversed a judgment in favor of the plaintiff, entered upon the report of a referee, and directed a new trial.
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Appeal from an order of the General Term of the Supreme Court in the third judicial department, made the first Tuesday of May 1886, which reversed a judgment in favor of the plaintiff, entered upon the report of a referee, and directed a new trial. The action was upon a policy of insurance against fire, upon a grist-mill and machinery, issued January 13,1882, which purported to insure “ Estate of 0. Richards ” and was made payable to the plaintiff, “ mortgagee, as his claim may appear.” Orson Richards in his lifetime was the owner of the property in question. Having mortgaged it to the…
1Opinion of the CourtBrown, J.
The defendant bv the policy in question undertook to insure “ the estate of O. Bichards ” against loss or damage by fire upon property described as a grist-mill, and fixed and movable machinery, etc.
The referee found as facts that the defendant intended to insure such persons and their interests in said premises as were or might be represented under the name or title aforesaid.
The contract cannot, therefore, be considered as one insuring the interest of the plaintiff as mortgagee. The undertaking to pay the loss to him is collateral to and dependent upon the principle undertaking to insure…
2Cases cited11 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
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- Mechanics & Traders Insurance v. Mutual Real Estate & Blg. Ass'nSupreme Court of Georgia · 1896
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- In re the Estate of WeissmannNew York Surrogate's Court · 1930
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