Lipedes v. Liverpool & London & Globe Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 19, 1918, affirming a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing a dismissal of the complaint.' The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 19, 1918, affirming a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing a dismissal of the complaint.' The nature of the action and the facts, so far as material, are stated in the opinion. The condition of the policy was not violated by the chattel mortgage which was usurious and void and, therefore, did not incumber the property nor increase the moral hazard. (Joyce on Ins. [2d ed.]…
1DissentCollin, J.
There is no dispute in regard to the cardinal facts: The defendant issued to the plaintiff a policy in the standard form of this state insuring the property burned, and other property, for the period of three years from November 14, 1916. The property burned December 14, 1916. At the time of the burning there were and had been since September 20, 191.6, executed and filed chattel mortgages covering the insured property as security for the payment of a promissory note made by defendant and held by one Manson for eight hundred and fifty dollars. The defendant .had not at any time until after…
2Cases cited37 opinions
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Blinn v. . SchwarzNew York Court of Appeals · 1904
- George H. Fitchner & Co. v. Fidelity Mutual Fire Ass'nSupreme Court of Iowa · 1897
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
32 more not listed; retrieve them via the Exa API.