Greentaner v. . Connecticut Fire Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9, 1918, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. There is no finding of fact that there was an oral consent to the transfer, but, even so, such oral consent was ineffectual.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9, 1918, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. There is no finding of fact that there was an oral consent to the transfer, but, even so, such oral consent was ineffectual. (Northam v. D. C. Mutual Ins. Co., 166 N. Y. 319; Baumgartel v. Ins. Co., 136 N. Y. 547; Armstrong v. Ins. Co., 130 N. Y. 560; Messelback v.…
1Opinion of the CourtMcLaughlin, J.
Action to recover upon a standard policy of fire insurance. The complaint alleges that Solomon S. Lyman owned real estate at Batavia, N. Y., and that the policy in question covered certain buildings thereon; that he conveyed the real estate and assigned the policy to Joseph Greentaner, one of the plaintiffs, upon notice to and consent by the defendant; that George Pearson, the other plaintiff, held a mortgage upon the real estate to secure a loan made by him to Lyman and his interest in the policy was covered by the usual standard mortgagee’s clause. Then follow allegations as to the fire,…
2Cases cited4 opinions
- Manchester v. . Guardian Assurance Co.New York Court of Appeals · 1896
- Baumgartel v. Providence Washington InsuranceNew York Court of Appeals · 1893
- Bonnette v. . MolloyNew York Court of Appeals · 1913
- Northam v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1901
3Cited by7 opinions
- Parlato v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 2002
- Truglio v. Zurich General Accident & Liability InsuranceNew York Court of Appeals · 1928
- Serbinoff v. Wolverine Mutual Motor InsuranceMichigan Supreme Court · 1928
- Mapu v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
- Associated Indemnity Corporation v. Garrow Co.District Court, S.D. New York · 1941
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