Germania Fire Insurance v. Home Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon, an order made July 3, 1893, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Special Term. This was an action upon a policy of fire insurance issued by defendant upon a stock of hardware belonging to John A. D. Yerdier and was brought by plaintiff as assignee of Yerdier- & Brown.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon, an order made July 3, 1893, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Special Term. This was an action upon a policy of fire insurance issued by defendant upon a stock of hardware belonging to John A. D. Yerdier and was brought by plaintiff as assignee of Yerdier- & Brown. The facts, so far as material, are stated in the opinion. The defendant having insured the executors, administrators and assigns of the prop erty in the body…
1Opinion of the CourtBartlett, J.
This is an appeal from the judgment of the Superior Court' of the city of FTew York affirming a judgment dismissing the complaint after trial on an agreed written statement of facts.
The material facts are as follows, viz.: The defendant insured Verdier on his stock of hardware, and during the life of the policy Verdier took in a co-partner, Brown, transferring to him a three-tenths interest in the insured property ; shortly after this transfer the fire occurred.
The policy contained this provision, viz.: “ Or if the propery be sold or transferred, or any change takes place in title or…
2Cases cited4 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Walradt v. Phœnix Insurance Co. of HartfordNew York Court of Appeals · 1893
- Walton v. . Agricultural Ins. Co.New York Court of Appeals · 1889
- Malley v. Atlantic Fire & Marine InsuranceSupreme Court of Connecticut · 1883
3Cited by9 opinions
- National Surety Co. of New York v. FoxSupreme Court of Arkansas · 1927
- Planters' Mutual Insurance Ass'n v. DewberrySupreme Court of Arkansas · 1901
- Phoenix Ins. Co. of Brooklyn, N.Y. v. QuinetteSupreme Court of Oklahoma · 1912
- Moulton v. Ætna Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- Burke v. Continental InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
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