McColdin v. Greenwich Insurance
New York Supreme Court
Appeal from a judgment in favor of plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial.
1Opinion of the CourtPratt, J.
The question chiefly litigated in this action was, whether the plaintiff was the owner of the property insured. This question was fairly submitted to the jury upon conflicting testimony, and a verdict rendered for the plaintiff.
The evidence is ample to sustain that finding. There seems to have been no warranty on the part of the assured that he had any particular title to overstate in the property insured, and if the evidence shows that he had any insurable interest in the property, it is sufficient to sustain the action.
It is not material that the enrollment or the legal title did not stand…
2Cases cited5 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Peters v. Warren InsuranceSupreme Court of the United States · 1840
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
- Parker Mills v. JacotThe Superior Court of New York City · 1861
- Whiton v. . SpringNew York Court of Appeals · 1878