Townsend v. Greenwich Insurance
New York Supreme Court
Actiobt on a policy of insurance on a building by the owners. The complaint is in the usual form on the policy, alleging a total loss, compliance with all the terms of the policy &c., and prays for judgment for $2,500, the amount of the policy.
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Actiobt on a policy of insurance on a building by the owners. The complaint is in the usual form on the policy, alleging a total loss, compliance with all the terms of the policy &c., and prays for judgment for $2,500, the amount of the policy. It also alleges that the policy was by its terms payable to the defendant Blythe, who holds a mortgage for $20,000 on the premises, and that she is made a defendant because she refused to join with the plaintiffs in bringing the action. The answer pleads as a defence that after the loss the plaintiffs and the said mortgagee and the defendant company…
1Opinion of the Court
Gaynor, J.:
When the defendants had put in evidence the written appraisal agreement and the award thereunder, and proved payment of such award, viz., $4,156.58, to the mortgagee, i. e., *89the defendant Blythe, as required by the policies, the plaintiffs gave evidence that prior to and at the time of the execution of such appraisal .agreement the agent of the defendant companies stated to them and orally agreed in substance that notwithstanding the said written appraisal agreement was in general terms for the ascertaining of the amount of the loss, $6,000 would be allowed without dispute, and the…
2Cases cited4 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Wilson v. . DeenNew York Court of Appeals · 1878
- Sullivan v. Traders' Insurance Co. of ChicagoNew York Court of Appeals · 1901
3Cited by1 opinion
- Davis Confectionery Co. v. Rochester German InsuranceAppellate Division of the Supreme Court of the State of New York · 1910