Rohrbach v. Ætna Insurance
New York Supreme Court
These actions were brought upon policies of insurance, respectively, and depend substantially upon the same questions, arid the plaintiff and counsel being the same, in both cases, they may be considered together.
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These actions were brought upon policies of insurance, respectively, and depend substantially upon the same questions, arid the plaintiff and counsel being the same, in both cases, they may be considered together. One William Brand, residing at Jeffersonville, Sullivan county, was the agent of each of the above defendants, with power to issue policies of insurance to applicants for insurance, and the policies in question only became valid contracts upon their being countersigned by the said agent, in addition to the official signature of the other officers of the company. The policy in each…
1Opinion of the CourtP. Potter, J.
The only material difference between the cases (if it is material) is, that in the case against the Germania Fire Insurance Company there was a written application for insurance given in evidence, in the other not. The questions to be decided are questions of law, there being no dispute about the facts. The legal questions raised are :
First. Absence of insurable interest.
Second False statements in the application and proofs of loss, breaking conditions of policy.
Third. Marriage of plaintiff, and consequent extinction of the debt upon which plaintiff rests his insurable interest.
*341As only the…
2Cases cited13 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Corn Exchange Insurance v. BabcockNew York Court of Appeals · 1870
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