Pitney v. . Glen's Falls Insurance Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 61 Barb., 335.) The action was brought upon a policy of fire insurance. The defence was, that certain warranties in the policy had not been complied with. It was also claimed that the ownership of the goods insured had been parted with, so that the insured had no interest at the time of the loss.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 61 Barb., 335.) The action was brought upon a policy of fire insurance. The defence was, that certain warranties in the policy had not been complied with. It was also claimed that the ownership of the goods insured had been parted with, so that the insured had no interest at the time of the loss. The policy in question was issued November 2, 1865, and insured plaintiff “ against loss or damage by fire to the amount…
1Opinion of the Court
Dwight, C.
No question was made on the argument in this court as to the sufficiency of the preliminary proofs in this cause, nor was there any claim of fraud. The questions in controversy between the parties were narrowed down substantially to three: 1. Oan the plaintiff recover as assignee, or in behalf of his co-tenant, George N. Pitney ? 2. Oan he recover the insurance on his own undivided interest, assuming that he was owner at the time of the fire ? 3. Does the proof show that he was owner, or did he by his oral contract transfer his interest in the subject-matter of the insurance to…
2Cases cited30 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
25 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- McElroy v. British America Assur. Co. of TorontoCourt of Appeals for the Ninth Circuit · 1899
- Capital City Insurance v. JonesSupreme Court of Alabama · 1900
- Fields v. Western Millers Mutual Fire Insurance Co.New York Court of Appeals · 1943
54 more not listed; retrieve them via the Exa API.