Moore v. Hanover Fire Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28,1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs as executors of Barbara C. Rikert, deceased, upon a fire insurance policy issued by defendant to Maggie P. 0. Smith, loss, if any, being made payable to plaintiffs’ testatrix as mortgagee.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28,1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs as executors of Barbara C. Rikert, deceased, upon a fire insurance policy issued by defendant to Maggie P. 0. Smith, loss, if any, being made payable to plaintiffs’ testatrix as mortgagee. The facts, so far as material, are set forth in the opinion. The policy was invalidated by the bringing of the action of…
1Opinion of the CourtBartlett, J.
On the 15th of July, 1890, defendant insured the property of one Maggie P. O. Smith for a period of three years, issuing to her a standard policy, the loss, if any, first payable to Barbara O. Bikert, mortgagee, as interest might appear.
Barbara 0. Bikert was the owner of a mortgage covering the insured premises, executed by Maggie P. C. Smith, the owner. On the 17th of August, 1891, Mrs. Bikert having died in the meantime, her legal representatives began an action to foreclose said mortgage, which proceeded to judgment, and the premises were advertised to be sold October 26th, 1891. Three…
2Cases cited3 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
- Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
3Cited by32 opinions
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- Collinsville Savings Society v. Boston InsuranceSupreme Court of Connecticut · 1905
- McDowell v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1913
- Hessian Hills Country Club, Inc. v. Home InsuranceNew York Court of Appeals · 1933
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