Mahr v. Norwich Union Fire Insurance Society
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made J uly .9, 1889, which affirmed a judgment in favor of plaintiffs, entered upon the decision of the court on trial at Special Term. . This was an action by the plaintiffs, claiming to be the equitable owners of a policy of fire insurance, to restrain the insurer from paying the amount of a loss to the insured or to his alleged assignee.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made J uly .9, 1889, which affirmed a judgment in favor of plaintiffs, entered upon the decision of the court on trial at Special Term. . This was an action by the plaintiffs, claiming to be the equitable owners of a policy of fire insurance, to restrain the insurer from paying the amount of a loss to the insured or to his alleged assignee. On the 21st of April, 1886, the Horwich Union Fire Insurance Society, a corporation organized under the laws of Great Britain, with…
1Opinion of the CourtYann, J.
Hpon the argument of this appeal the learned counsel for the plaintiff, with great fairness, admitted that the Supreme Court never acquired jurisdiction over Kelly, the alleged assignee of the insurance policy that is the subject of this action. The main question left for decision is whether Kelly was a necessary party, as the defendant company alleged in its answers and urged upon the trial. It is not claimed that he should have been joined as a plaintiff, but his presence as a. defendant is insisted upon as essential to “ the complete determination or settlement ” of the questions in…
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