International Life Insurance & Trust Co. v. Franklin Fire Insurance & Trust Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Mew York, affirming a judgment in favor of ■,plaintiff, entered upon a verdict. This action .was brought upon two policies of fire insurance upon buildings and machinery, issued by defendant to oue James Wilson, .owner; loss, if .any, payable to plaintiff, as mortgagee.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Mew York, affirming a judgment in favor of ■,plaintiff, entered upon a verdict. This action .was brought upon two policies of fire insurance upon buildings and machinery, issued by defendant to oue James Wilson, .owner; loss, if .any, payable to plaintiff, as mortgagee. Attached -to, and made .part of each policy, were certain “ conditions of insurance,” and among them the following: “ 1. Persons desirous of making insurances are to furnish the company with the following information: The,…
1Opinion of the CourtAllen, J.
Upon the evidence the jury would have been authorized to find that, before the destruction of the insured buildings by fire, the defendant had notified, as well Wilson, the insured and the owner, as the plaintiff, the mortgagee, and as such, under the policy, entitled to receive the money thereon in case of loss; that it elected to, and did, cancel the policy, and offered to refund and tendered to each “ a ratable proportion of the premium.” The conditions attached to the policy provide that the same shall be void and of no force in case either the property has been misdescribed by the…
2Cited by9 opinions
- Wolonter v. United States Casualty Co.Supreme Court of Virginia · 1919
- St. Paul Fire Marine Ins. Co. v. PeckSupreme Court of Oklahoma · 1914
- Sorensen v. Farmers Mutual Hail InsuranceSupreme Court of Iowa · 1939
- Pacific Mut. Life Ins. Co. v. StrangeSupreme Court of Alabama · 1932
- Chadbourne v. German-American Ins.U.S. Circuit Court for the District of Southern New York · 1887
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