Wyman v. Prosser
New York Supreme Court
APPEAL from a judgment ordered at a special term, after a trial at the circuit, before a justice of the court without a jury. The action was brought by the plaintiff, as administratrix of John B. Wyman, deceased, to recover certain insurance moneys which had been paid over to the defendant Prosser, to be held by him for the benefit of whoever should be decided to be entitled thereto.
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APPEAL from a judgment ordered at a special term, after a trial at the circuit, before a justice of the court without a jury. The action was brought by the plaintiff, as administratrix of John B. Wyman, deceased, to recover certain insurance moneys which had been paid over to the defendant Prosser, to be held by him for the benefit of whoever should be decided to be entitled thereto. The court found the following facts: 1st. That John B. Wyman died intestate, January, 1859, and administration on his estate was granted to the plaintiff, 1850. 2d. That the defendants Harvey J. and Helen V.…
1Opinion of the Court
By the Court,
Johnson, J.
Policies of insurance are not deemed, in their nature, incidents to the property insured. They are mere special agreements with the person insuring against such loss or damage as he may sustain. They do not cover any interest which another person may have in the same property, as heir, grantee, mortgagee or creditor, unless such other has a valid assignment of the policy. (Carpenter v. The Providence Washington Ins. Co., 16 Peters, 495.)
The promise here is, in terms, to the assured, his executors, administrators and assigns. In just such a case as this, where the…
2Cases cited1 opinion
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
3Cited by9 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Scott v. GuernseyNew York Supreme Court · 1866
- Culbertson v. CoxSupreme Court of Minnesota · 1882
- Grant v. Eliot & Kittery Mutual Fire InsuranceSupreme Judicial Court of Maine · 1883
- Hudnell v. BurkleTennessee Supreme Court · 1875
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