Haight v. . Continental Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11,1882, which affirmed a judgment in favor of plaintiffs, entered upon a verdict.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11,1882, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was brought upon a policy of insurance upon a dwelling-house, issued by the defendant, by its terms insuring Walter L. Thompson, assignee, for the benefit of creditors of Angelina Cooper, “ loss, if any, payable to ’’ plaintiffs, “ mortgagees as their interest may appear.” The material facts are stated in the opinion. The fact that the policy contained a provision that…
1Opinion of the CourtFinch, J.
Certain provisions of the policy of insurance issued by the defendant company are relied upon as constituting a defense ■ to the plaintiffs’ recovery. These are that the contract shall be void “ if the building become unoccupied without the assent of the company indorsed ” on the policy; that “ the use of general terms, or any thing less than a distinct, specific agreement, clearly expressed and indorsed on the policy, shall not be construed as a waiver of any printed or written condition contained in it; and that the agent of the company “ has no authority to waive, modify or strike from…
2Cases cited2 opinions
- Browning v. . Home Insurance CompanyNew York Court of Appeals · 1877
- Woodruff v. Imperial Fire Insurance Co. of London, EnglandNew York Court of Appeals · 1880
3Cited by21 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Whipple v. . Prudential Ins. Co.New York Court of Appeals · 1917
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
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