Legal Opinion

Luckey v. Gannon

The Superior Court of New York City

Decided February 15, 1869PublishedCited by 4 opinions

Appeal from a judgment. This action was brought by J. Nelson Luckey against Thomas Gannon, to recover for the conversion of two policies of insurance.

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Appeal from a judgment. This action was brought by J. Nelson Luckey against Thomas Gannon, to recover for the conversion of two policies of insurance. The complaint alleged that in August, 1866, the plaintiff, procured two policies of insurance — one from the State Insurance Company of Jersey City, and the other from the Security Insurance Company of Philadelphia— upon property consisting of a rosin oil factory in Brooklyn, and the machinery and other property therein, each for the amount of $625. That such policies provided that the loss, if any, should be payable to the defendant to the…

1Opinion of the CourtBy the Court. Monell, J.

The only issue in this case presented by the pleadings was upon the nature and extent of the indebtedness for which the policies of insurance were intended as a security. The plaintiff claimed, and so alleged in his complaint, that at the time of the insurance the defendant was in his employment, and that the loss was made payable to him, as expressed in the policies, in order to secure him for any indebtedness that the plaintiff might owe him therefor, and for no other purpose whatever ; and that it was then *212agreed, between the plaintiff and defendant, that such policies should be held by…

2Cases cited5 opinions

  1. Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
  2. Frink v. Hampden InsuranceNew York Supreme Court · 1865
  3. Grosvenor v. Atlantic Fire InsuranceThe Superior Court of New York City · 1856
  4. Robert v. Trader's InsuranceNew York Supreme Court · 1836
  5. Campbell v. ParkerThe Superior Court of New York City · 1862

3Cited by4 opinions

  1. Hamilton v. HamiltonSupreme Court of Alabama · 1950
  2. McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
  3. Knapp v. RocheThe Superior Court of New York City · 1874
  4. Schroff v. BauerThe Superior Court of New York City · 1871

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