David v. . Williamsburgh City Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 26, 1879, affirming a judgment in favor of defendant, entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 26, 1879, affirming a judgment in favor of defendant, entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. Where one executes an instrument, or does an act in the name of another person, without authority or in a fictitious name, he is himself bound thereby, and can never be heard to test the efficacy of his own act to accomplish that which it purports to accomplish. (Palmer v. Stephens, 1 Den. 480; Bank v. Flanders, 4 N. H. 239; Brown v.…
1Opinion of the CourtEarl, J.
This is an action to recover upon a fire policy issued by defendant to the plaintiff, insuring certain real and personal property claimed to belong to her. A portion of the property insured was destroyed by fire, and the defendant resists payment of the loss upon the ground that the plaintiff did not, at the time of the insurance and at the time of the fire, have any interest in the property as owner thereof.
At the trial the defendant gave evidence tending to prove that the real and personal property was conveyed by Hemy J. David, who then owned the same, in form to Marx David, who was a…
2Cases cited1 opinion
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by30 opinions
- Kiamesha Development Corp. v. Guild Properties, Inc.New York Court of Appeals · 1958
- Duffield v. DuffieldIllinois Supreme Court · 1915
- Preston v. HamSupreme Court of Georgia · 1923
- Wilson v. WhiteCalifornia Supreme Court · 1890
- Maskell v. HillCourt of Appeals of Maryland · 1947
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