Mygatt v. New York Protection Insurance
New York Court of Appeals
Appeal from the final judgment of the Supreme Court, at general term, in the fifth district, affirming a judgment at special term, entered on the report of a referee. Action upon a policy of insurance ■ against lire.
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Appeal from the final judgment of the Supreme Court, at general term, in the fifth district, affirming a judgment at special term, entered on the report of a referee. Action upon a policy of insurance ■ against lire. The cause was tried before the Hon. Daniel Pratt, as referee, who *found all the facts necessary to enable the plaintiff to recover; but determined that the policy was void, having bedn issued without authority, and this, on the ground, that the defendants were incorporated as a mutual insurance company, under the act of 1849, c. 308, and had no power to issue a policy on the…
1Opinion of the CourtSelden, J.
It appears from the report of the referee in this case, that the defendants were organized as a mutual insurance company, under the gen*58eral act of 1849; that the policy upon which the suit is brought was duly issued, and the premium paid; that all the conditions on the part of the insured were kept and performed; that the property was destroyed by fire, as set forth in the complaint, and that the demand arising from the loss had been assigned before, suit brought, to the plaintiff. The defence which prevailed at the trial, and which is relied upon here, is, that the defendants having been…
2Cases cited9 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
- Union Insurance v. HogeSupreme Court of the United States · 1859
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
- White v. . HaightNew York Court of Appeals · 1857
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- Pratt v. MatthewsNew York Supreme Court · 1881