Alexander v. . Germania Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department in favor of plaintiff, entered upon an order directing judgment on a verdict. This action was upon a policy of fire insurance issued by defendant to plaintiff, insuring him, as stated in the policy,. “ on his two-story and extension frame shingle-roof building, occupied as dwelling, situate,” etc.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department in favor of plaintiff, entered upon an order directing judgment on a verdict. This action was upon a policy of fire insurance issued by defendant to plaintiff, insuring him, as stated in the policy,. “ on his two-story and extension frame shingle-roof building, occupied as dwelling, situate,” etc. “It is a part of this contract that any person other than the assured who may have procured this insurance to he taken by this company shall be deemed to be the agent of the assured named in this policy,…
1Opinion of the Court
Batallo, J. •
The three points made by the counsel for the defendant, on the motion to dismiss the complaint, embrace, in substance, but one proposition, viz.: That the plaintiff, in his contract with the defendant, warranted that the building insured was occupied as a dwelling, and that the breach of this warranty avoided the policy.
By the terms of the policy the defendant insured the plaintiff against loss, etc., “ on his two-story and extension frame, shingle-roof building, occupied as dwelling, situate,” etc.
This was clearly a warranty that the building was, at the time of the insurance,…
2Cases cited6 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Chase v. . the Hamilton Insurance CompanyNew York Court of Appeals · 1859
- Parmelee v. . Hoffman Fire Ins. Co.New York Court of Appeals · 1873
- Owens v. . Holland Purchase Ins. Co.New York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Knights of Pythias v. WithersSupreme Court of the United States · 1900
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Allen v. German American InsuranceNew York Court of Appeals · 1890
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
30 more not listed; retrieve them via the Exa API.