Northam v. Dutchess County Mutual Insurance
New York Court of Appeals
Appeal from a 'judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 4, 1900, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court, and an order denying a motion for a new trial. 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 June 4, 1900, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The general assignment for the benefit of creditors, made by the insured, is. such a change of title as would render the policy void under the provision of the policy. (Perry v. L. F. Ins. Co., 61 N. Y. 214; Orr v. H. F. Ins. Co., 151 Ill. 149 ;…
1Opinion of the CourtLandon, J.
The action is upon a Wew York standard policy of fire insurance issued and delivered by the defendant to the plaintiff’s assignor, Wallace G. Wortham, August 4, 1898, for $1,000 upon a hotel or summer boarding house, and $1,000 upon the furniture therein. The plaintiff’s assignor was in possession of the insured property under a lease for five years and a contract for its purchase at his option. The policy stated, “ Held on- contract; loss, if any, payable as interest may appear.” On August 17th, 1898, the insured made a general assignment for the benefit of his creditors to the plaintiff. On…
2Cases cited6 opinions
- Manchester v. . Guardian Assurance Co.New York Court of Appeals · 1896
- Moore v. Hanover Fire InsuranceNew York Court of Appeals · 1894
- Baumgartel v. Providence Washington InsuranceNew York Court of Appeals · 1893
- Perry v. . Lorillard Fire Insurance Co.New York Court of Appeals · 1874
- Northam v. International InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Greentaner v. . Connecticut Fire Ins. Co.New York Court of Appeals · 1920
- Northam v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
- Surratt v. Fire Ass'n of PhiladelphiaCourt of Appeals for the Fourth Circuit · 1930
- Knapp v. ScanlinNew York County Court, Saratoga County · 1902
- Scheeler v. Casualty Co. of AmericaNew York Supreme Court · 1912