Stowell v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Broome county. Action by John E. Stowell and others against Milton Clark and John W. Fitzgerald, as attorneys in fact of the Brewers’ & Malsters’ Fire Insurance Underwriters. From a judgment for plaintiffs, defendants appeal.
1Opinion of the CourtParker, P. J.
On June 20,1896, the plaintiffs procured from the defendants a policy of insurance for $1,500 upon certain machinery, stock, and other personal property used by them in the manufacture of sleds. On December 5,1896, the property so insured was destroyed by fire, and this action is brought to recover upon such policy for the loss so sustained. There is a provision in the policy that, “if the interest of the insured” in the property insured “be other than unconditional and sole ownership,” the entire policy shall be void, and the defense set up is that the insured had not such an ownership or…
2Cited by2 opinions
- Hedges Enterprises, Inc. v. Fireman's Fund InsuranceNew York Supreme Court · 1962
- Meade v. North Country Co-Operative InsuranceNew York Supreme Court · 1985