Smith v. Agricultural Insurance
New York Supreme Court
Appeal from a judgment entered on the verdict of a jury at Wayne county circuit and from an order denying motion for a new trial, on the minutes. This action was brought upon a policy of insurance issued iby the defendant, to recover for the loss of a ¡barn, produce and other personal property therein. At the close of the plaintiff’s case the defendant moved for a, non-suit, upon the grounds: First.
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Appeal from a judgment entered on the verdict of a jury at Wayne county circuit and from an order denying motion for a new trial, on the minutes. This action was brought upon a policy of insurance issued iby the defendant, to recover for the loss of a ¡barn, produce and other personal property therein. At the close of the plaintiff’s case the defendant moved for a, non-suit, upon the grounds: First. That from the undisputed facts in the case, Elton M. Smith the assured, was not in fact the real owner of the property insured; that the property was conveyed to him merely to hold for the benefit…
1Opinion of the CourtChilds, J.
The grounds stated in the defendants’ motion for a non-suit, constitute its defense as alleged in the answer, and relied upon in the trial.
It appeared from the testimony given on the trial that Elton M. Smith the assured, at the time the policy of insurance described in the complaint was issued to him, held the title to the insured property, under a warranty deed, made by Elijah Smith and wife, September 3, 1877, and testimony was given tending'to show that such conveyance was executed and delivered, upon a good and valuable consideration. It however, appeared that after the execution and…
2Cases cited2 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Bennett v. Agricultural InsuranceNew York Supreme Court · 1884