Sherwood v. Agricultural Insurance of Watertown
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court oil trial without a jury.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court oil trial without a jury. (Reported below, 10 Hun, 593.) This action was brought by plaintiff as special administrator or collector of the estate of C. Liston Brown, deceased, upon two policies of insurance issued by defendant to said Brown in his lifetime upon his dwelling-house and household furniture. The policies each contained this clause: “If any other-insurance has been, or shall hereafter be, made upon…
1Opinion of the CourtRapallo, J.
At the time of the loss the interest of C. Liston Brown, the assured, in the buildings destroyed had passed nearly two years previously to his four brothers, under the devise in his will. Two of these brothers had died, and their interests had passed to their heirs or devisees. Some of the parties were residents of Virginia. The title to -the personal property was probably in Lewis Booker, administrator, with the will .annexed of the assured. The point whether this action could be maintained by the administrator to recover for the damage to the real estate has not been raised, and therefore…
2Cases cited2 opinions
- Wyman v. . WymanNew York Court of Appeals · 1863
- Lappin v. Charter Oak Fire & Marine InsuranceNew York Supreme Court · 1870
3Cited by13 opinions
- Forest City Insurance v. HardestyIllinois Supreme Court · 1899
- Trabue v. Dwelling House InsuranceSupreme Court of Missouri · 1894
- Benninghoff v. . Agricultural Ins. Co.New York Court of Appeals · 1883
- Matter of Hine v. . WoolworthNew York Court of Appeals · 1883
- Quarles v. ClaytonTennessee Supreme Court · 1889
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