Grosvenor v. Atlantic Fire Insurance
The Superior Court of New York City
This action comes before the court on a verdict taken, subject to the opinion of the court, at General Term, and upon an order made at the trial, that the questions of law which it presents, should be first heard at the General Term.
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This action comes before the court on a verdict taken, subject to the opinion of the court, at General Term, and upon an order made at the trial, that the questions of law which it presents, should be first heard at the General Term. It was tried before Mr. Justice Slosson, and a jury, on the 22d of November, 1854. Eugene McCarty, by a mortgage, dated November 1, 1853, mortgaged the premises covered by the policy, subsequently issued to Edward Kellogg, to secure the payment of $6,250, and interest, according to the condition of a bond, of the same date, executed by McCarty to Kellogg.…
1Opinion of the CourtWoodruff, J.
In my opinion, we ought to consider ourselves bound by the decision in Robert v. The Traders' Insurance Co., (9 Wend. 404,) S. C. in Error, (17 Wend. 631.).
In that case, it is held,'that when a policy of insurance is effected by a mortgagor, and the policy, with the assent of the insurer, is assigned to the mortgagee, a subsequent violation of the conditions of the policy, by the mortgagor, will not deprive the mortgagee of a recovery, for a loss thereafter occurring. And see the same point, in Tillou v. Kingston Mutual Ins. Co., (1 Selden, 405.)
The present case involves no new principle, nor…
2Cases cited7 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- Granger v. Howard InsuranceNew York Supreme Court · 1830
- Conover v. Mutual InsuranceNew York Supreme Court · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Collinsville Savings Society v. Boston InsuranceSupreme Court of Connecticut · 1905
- Keeler v. Niagara Fire InsuranceWisconsin Supreme Court · 1863
- Baltis v. DobinNew York Supreme Court · 1874
- Luckey v. GannonThe Superior Court of New York City · 1869
- Pupke v. Resolute Fire Insurance Co.Wisconsin Supreme Court · 1863
4 more not listed; retrieve them via the Exa API.