Legal Opinion

Kent v. Ætna Insurance

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 6 opinions

Appeal by the plaintiff, Robert D. Kent, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th -day of April, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the plaintiff’s complaint.

1Opinion of the Court

Laughlin, J.:

This is an action on an insurance policy to recover for a fire loss. The complaint alleges that on the 30th day of June, 1902, on the application of the plaintiff, the defendant issued a policy of insurance “ to indemnify Perfecta Packing Case Company and plaintiff ‘ as interest may appear ’ against loss or damage by fire to an amount not exceeding in the aggregate the sum of two thousand dollars ” on trade fixtures, machinery and appliances; that five days prior thereto the Perfecta Packing Case Company, then being the owner of the property, executed a chattel mortgage “upon a…

2Cases cited15 opinions

  1. Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
  2. Hall v. . SampsonNew York Court of Appeals · 1866
  3. Hathaway v. Orient InsuranceNew York Court of Appeals · 1892
  4. Steinbach v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1902
  5. Rogers v. Trader's InsuranceNew York Court of Chancery · 1837

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3Cited by6 opinions

  1. Bowers Co. v. London Assurance Corp.Superior Court of Pennsylvania · 1926
  2. Meader v. Farmers' Mutual Fire Relief Ass'nOregon Supreme Court · 1931
  3. Johnson v. General Exchange InsuranceCourt of Appeals of Georgia · 1934
  4. Stromblad v. Hanover Fire InsuranceNew York Supreme Court · 1923
  5. Lewis v. Guardian Fire & Life Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1904

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