Mahr v. Norwich Fire Insurance Society
New York Supreme Court
Appeal from a judgment rendered at a special term, after .a trial by the court. This ¡is an action, brought by the plaintiffs, John C. Mahr and others, against Charles H. Bartlett and the Norwich Fire Insurance Society, to establish their rights in, and to restrain the defendant insurance society from paying over the proceeds of a certain policy of fire insurance for $2,000, issued by them, and embracing personal property •belonging to the defendant Bartlett, contained in a…
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Appeal from a judgment rendered at a special term, after .a trial by the court. This ¡is an action, brought by the plaintiffs, John C. Mahr and others, against Charles H. Bartlett and the Norwich Fire Insurance Society, to establish their rights in, and to restrain the defendant insurance society from paying over the proceeds of a certain policy of fire insurance for $2,000, issued by them, and embracing personal property •belonging to the defendant Bartlett, contained in a building •at Muscatine, Iowa. This policy was procured and delivered by said Bartlett to plaintiff, for the purpose of…
1Opinion of the CourtCullen, J.
This is an appeal from a judgment in favor of the plaintiffs entered upon a decision of the Special-. Term. The action is a peculiar one, and we have been somewhat at a loss to determine in what character it is to be-considered. The plaintiffs claimed to hold a policy of fire insurance, issued by the defendant company in favor of the defendant Bartlett, on the latter’s stock, as security for a loan, made to Bartlett. A loss occurred. Bartlett denied the pledge of the policy to the plaintiffs. This action was-thereupon brought, and the relief sought was not to recover the amount of the loss,…
2Cases cited12 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
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3Cited by2 opinions
- Corrigan v. Coney Island Jockey ClubThe Superior Court of New York City · 1891
- Hurst v. Trow's Printing & Bookbinding Co.New York Court of Common Pleas · 1893