Lipedes v. Liverpool & London & Globe Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 19, 1918, affirming a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing a dismissal of the complaint.' The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 19, 1918, affirming a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing a dismissal of the complaint.' The nature of the action and the facts, so far as material, are stated in the opinion. The condition of the policy was not violated by the chattel mortgage which was usurious and void and, therefore, did not incumber the property nor increase the moral hazard. (Joyce on Ins. [2d ed.]…
1Opinion of the CourtPound, J.
This is an action on a policy of fire insurance covering personal property. The defense is that the policy is void because the property was incumbered with a chattel mortgage. The plaintiff asserts that the chattel mortgage was void by reason of usury and a nullity in law. The question is whether the contract of the parties contemplated the disclosure to the insurance company of the existence of the usurious chattel mortgage.
The stipulation in the policy in suit provided: “ This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void * * * if the…
2Cases cited5 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
- Sabine v. . PaineNew York Court of Appeals · 1918
- Bigler v. . New York Central Insurance CompanyNew York Court of Appeals · 1860
- Landers v. . the Watertown Fire Ins. Co.New York Court of Appeals · 1881
3Cited by11 opinions
- Fox v. Employers' Liability Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- Bradner v. VasquezCalifornia Court of Appeal · 1951
- Johnson v. Rocky Mountain Fire InsuranceMontana Supreme Court · 1924
- Larschen v. LantzesAppellate Terms of the Supreme Court of New York · 1921
- Suetterlein v. Northern InsuranceNew York Court of Appeals · 1929
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