Heilmann v. . Westchester Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. The complaint in this action alleged, in substance, and it appeared on the trial, that defendant issued to plaintiff a policy of fire insurance for $3,000, upon certain buildings therein described, “loss, if any, payable to Peter Briggs, jr., mortgagee.” * * * The amount of loss or damage “to be paid sixty days after due notice and proofs of the same made by the assured, * * * in accordance with the terms and conditions of this…
1Opinion of the Court
Church, Ch. J.
The only question involved is whether the plaintiff can maintain the action. The defendant insists that the action can only be brought by Briggs, the appointee named in the policy for receiving the payment, or at ail events that he should be made a party. This precise point has not, that I am aware, been decided in this State, and its solution depends upon the construction to be given to the contract. • The contract is an ordinary fire policy by which the defendant agreed to insure the plaintiff against loss or damage by fire on certain premises therein described, “loss if any,…
2Cases cited2 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Morrell v. . Irving Fire Insurance Co.New York Court of Appeals · 1865
3Cited by12 opinions
- Gage v. Connecticut Fire Ins. Co., of Hartford, Conn.Supreme Court of Oklahoma · 1912
- Hartford Fire Ins. v. Peebles' Hotel Co.Court of Appeals for the Sixth Circuit · 1897
- Gaffey v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1917
- Armstrong v. Agricultural InsuranceNew York Supreme Court · 1890
- Savings Society Commercial Bank v. Michigan Mutual Liability Co.Ohio Court of Appeals · 1963
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