Weed v. Hamburg—Bremen Fire Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme, ‘Court, in the third judicial department, entered upon an order "made July 11, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action upon a policy of insurance issued by the 'defendant.
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Appeal from judgment of the General Term of the Supreme, ‘Court, in the third judicial department, entered upon an order "made July 11, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action upon a policy of insurance issued by the 'defendant. " On the 30th day of October, 1873, Orson Bichards executed ¡to the plaintiff a mortgage upon his grist-mill at Sandy Hill in this state, to secure the payment within three years of all ¡advances to be made by the plaintiff to him, and all bills, -drafts and notes on which he should be…
1Opinion of the Court
Eabl, Ch. J.
The policy contained this provision: “ If the exact interest of the insured in the property, whether aa; owner, trustee, consignee, factor, - agent, mortgagee, lessee, or otherwise, he not truly stated in the policy, then, and in every such case, this policy shall be void; ” and the principal contention of the defendant is that the policy was void, because the facts in reference to the trust deed were not truly stated therein.
The solution of the question raised by this contention depends upon the scope and meaning to be given to the words “ Estate of O. ¡Richards ” contained in…
2Cases cited2 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
3Cited by37 opinions
- Hartford Fire Insurance v. ReddingSupreme Court of Florida · 1904
- Hartford Fire Insurance v. EnochSupreme Court of Arkansas · 1906
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Fidelity & Deposit Co. of Maryland v. BatesCourt of Appeals for the Eighth Circuit · 1935
- Magoun v. Fireman's Fund InsuranceSupreme Court of Minnesota · 1902
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