Colt v. . Phoenix Fire Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the decision of the court, upon trial at circuit, without a jury. This action was upon a policy of fire insurance. The facts are sufficiently stated in the opinion. The acts of the sheriff were not sufficient to constitute a levy.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the decision of the court, upon trial at circuit, without a jury. This action was upon a policy of fire insurance. The facts are sufficiently stated in the opinion. The acts of the sheriff were not sufficient to constitute a levy. (Rodger v. Bonner, 55 Barb., 9, 24; 45 N. Y., 379; Leonard v. Vandenburgh, 8 How., 77.) There is no levy of an execution upon real estate known to the law. ( Wood v. Calvin, 5 Hill, 228, 230; Green v. Burke, 23…
1Opinion of the Court
Reynolds, C.
On the 10th of July, 1868, the defendant insured Susannah Berniz, for one year, against loss or damage by fire, for $1,000 on her frame two-story building in Niagara Oity, occupied as a hotel, and, in case of loss by fire, the amount of the insurance was to be paid to the plaintiff, Leander Colt, the mortgagee of the premises. The question arises upon a provision in the policy forbidding alienation, and that “ the commencement of foreclosure proceedings or the levy of an execution shall .be deemed an alienation of the property.” After the policy of insurance was made, and on the…
2Cited by17 opinions
- Insurance Co. v. HigginbothamSupreme Court of the United States · 1877
- Shafer v. Phœnix Insurance Co.Wisconsin Supreme Court · 1881
- Bailey v. American Cent. Ins.United States Circuit Court · 1882
- Millard v. North River InsuranceWisconsin Supreme Court · 1930
- Smith v. ZimmermanWisconsin Supreme Court · 1893
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