Burke v. . Continental Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 12, 1905, affirming a judgment in favor of plaintifí entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 12, 1905, affirming a judgment in favor of plaintifí entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement between the glass companies was an absolute, unconditional change in the interest, title or possession of the subject of insurance and voided the policy. (G. L. Ins. Co. v. H. Ins. Co., 144 N. Y. 195; Walton v. A. Ins. Co., 116 N. Y. 317; Rosenstein v. T.…
1Opinion of the CourtEdward T. Bartlett, J.
This action was brought to recover-on a policy of fire insurance for-$2,500 issued by the defendant to the D. O. Cunningham Glass Company of Pennsylvania, a corporation engaged in -the manufacture of glass at Pittsburg. The plaintiff sues as the assignee of the above company. The only defense now insisted upon is that the Cunningham Company fraudulently misrepresented that it owned the glass claimed in its proofs of loss, and, therefore, the defendant was not liable.
The policy was issued on the 4th of May, 1900, for the term of one year for “ $2,500 on stock of window glass and packages…
2Cases cited1 opinion
- Stillwell v. . StaplesNew York Court of Appeals · 1859
3Cited by2 opinions
- Utica Canning Co. v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1909
- Burke v. Continental InsuranceAppellate Division of the Supreme Court of the State of New York · 1908