Baley v. . Homestead Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial. (Reported below, 16 Hun, 503.) This action was brought upon a policy of fire insurance issued by defendant to plaintiff upon his dwelling-house, barn, etc.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial. (Reported below, 16 Hun, 503.) This action was brought upon a policy of fire insurance issued by defendant to plaintiff upon his dwelling-house, barn, etc. The policy contained a condition that “ this ” company “ shall not be liable * * * if without written consent hereon the property shall hereafter become incumbered in any way.” A judgment was subsequently recovered…
1Opinion of the CourtAndrews, J.
We are of opinion that the condition in the policy, that the company shall not be liable “if without the consent of the company written on the policy, the property (insured) shall hereafter become incumbered in any way,” is to be construed as referring to incumbrances created by the act of the insured, and has no application to incumbrances by judgment, or otherwise in invitum, created by operation of law. We think the condition has the same meaning as if it had provided that the policy should be void if the assured should in any way incumber the property without the written consent of the…
2Cases cited2 opinions
- Barlow v. Saint Nicholas National BankNew York Court of Appeals · 1875
- Egan v. Mutual InsuranceNew York Supreme Court · 1848
3Cited by38 opinions
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Phenix Insurance v. PickelIndiana Supreme Court · 1889
- Sullivan v. Mercantile Town Mut. Ins. Co.Supreme Court of Oklahoma · 1908
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