Wood v. . American Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the ¡'Supreme Court in the third judicial department, entered upon an order made May 8, 1894, which affirmed a judgment in favor of plaintiff entered upon a, decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are •stated in the opinion.
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Appeal from judgment of the General Term of the ¡'Supreme Court in the third judicial department, entered upon an order made May 8, 1894, which affirmed a judgment in favor of plaintiff entered upon a, decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are •stated in the opinion. The interest and title of the insured were changed within the express language of the policy issued January 9, 1891, and it thereupon became void, and at the time of the fire on March 31, 1891, was of no binding force or effect whatsoever. ( Walradt…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered upon a policy of insurance, of which she was the assignee, issued by the defendant, upon a building used as a store, January 9, 1891, and which was destroyed by fire March 31, 1891. The only defenses interposed by 'the answer, which were proven and found at the trial, were: (1) That Wood Bros., a firm composed of six brothers, which owned the property and procured the insurance, had not, at the time, the sole and unconditional title or ownership of the property ; and (2) that the property covered by the policy had been sold upon judgment and execution against the firm…
2Cases cited9 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Baley v. . Homestead Fire Ins. Co.New York Court of Appeals · 1880
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- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Bible v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1931
- MacKay v. Aetna Life InsuranceSupreme Court of Connecticut · 1934
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Drilling v. . New York Life Ins. Co.New York Court of Appeals · 1922
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