Legal Opinion

Heilbrunn v. German Alliance Insurance

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

Decided May 31, 1912PublishedCited by 8 opinions

Appeal by the plaintiff, Simon Heilbrunn, from am order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of February, 1912. . ■ - •

1Opinion of the Court

Scott, J.:

The plaintiff appeals from an order denying his motion for judgment upon the pleadings, which consist of a complaint, answer and demurrer thereto. Plaintiff sues as assignee of one Henry Gerken, the insured, under a mortgagee clause attached to a policy of insurance issued to one Cecelia M. Siff. The sufficiency of the complaint has already been established. (140 App. Div. 557; 202 N. Y. 610.) By the separate defense now demurred to it is alleged that as to the owner the policy of insurance became null and void, and that prior to the commencement of this action, and before the…

2Cases cited2 opinions

  1. Heilbrunn v. German Alliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
  2. Ulster County Savings Institution v. LeakeNew York Court of Appeals · 1878

3Cited by8 opinions

  1. Whitestone Savings & Loan Ass'n v. Allstate InsuranceNew York Court of Appeals · 1971
  2. O'Neil v. Franklin Fire Insurance of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1913
  3. Builders Affiliates, Inc. v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  4. Murphy v. Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  5. Johnson v. New York Mutual Underwriters InsuranceAppellate Division of the Supreme Court of the State of New York · 1992

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