Green v. Homestead Fire Insurance
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon a trial before the court without a juiy. The action was brought upon a policy of insurance against loss by fire, issued to plaintiff by the defendant.
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Appeal from a judgment in favor of the plaintiff, entered upon a trial before the court without a juiy. The action was brought upon a policy of insurance against loss by fire, issued to plaintiff by the defendant. The policy contained a clause conditioned that the company should not be liable for any loss by invasion, * * * “ nor, if, without written consent hereon, the property shall hereafter become incumbered in any way ; ” “nor, if the interest of the insured therein be changed in any manner, whether by the act of the insured or by operation of law.” * * * The defendant set up that a…
1Opinion of the Court
Hardin, J.:
The mechanics’ lien filed was not a specific incumbrance, and were we satisfied to follow Owen v. Farmers’ Joint Stock Ins. Co. (57 Barb., 525), it might be declared not an incumbrance upon the property. We prefer, however, to consider another view of the point involved.
The mere filing of the notice under the mechanics’ act would not give a right to a judgment. The subsequent steps must be taken prescribed by the statute. (Laws of 1873, chapter 489.) The judgment to be given under that act “ establishes the amount” of the liens. (Section 11, Laws of 1873, chap. 489, p. 746.)
But the…
2Cases cited3 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Owen v. Farmers' Joint Stock InsuranceNew York Supreme Court · 1869
- Kitts v. Massasoit InsuranceNew York Supreme Court · 1867