Franklin Fire Insurance v. Martin
Supreme Court of New Jersey
On error to the Supreme Court. This action was brought upon a policy of insurance, under seal, bearing date April 27th, 1870, issued to the plaintiff as owner of the property insured. At the trial before the Circuit, a verdict was had by Martin, the plaintiff below, whereupon this writ of error was sued out by the defendant. Errors were assigned upon the record, and upon the proceedings at the trial.
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On error to the Supreme Court. This action was brought upon a policy of insurance, under seal, bearing date April 27th, 1870, issued to the plaintiff as owner of the property insured. At the trial before the Circuit, a verdict was had by Martin, the plaintiff below, whereupon this writ of error was sued out by the defendant. Errors were assigned upon the record, and upon the proceedings at the trial. The property insured was described in the policy as “ his two-story and attic frame, shingle-roof building, occupied as a dwelling and boarding-house, situate on the west side of the Bergen Point…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
After the policy was issued and delivered, there were written on its face the words, “ May 31st, 1870. Loss, if any, payable to Garret G. Vreeland, mortgagee.” It was assigned for error, that the action should have been brought by Vreeland. These words amounted merely to a direction in advance, as to the mode of payment in case of a loss, and if the insurer had made payment accordingly, it would have been performance. But the contract of insurance being made with the plaintiff, and he having an insurable interest, the action was properly…
2Cases cited24 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
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3Cited by2 opinions
- Hyman v. Sun Ins. Co.New Jersey Superior Court Appellate Division · 1961
- Miller v. New Jersey Insurance Underwriting Ass'nSupreme Court of New Jersey · 1980