Masters v. Madison County Mutual Insurance
New York Supreme Court
This action was brought on a policy of insurance, dated the 8th day of June, 1848, by which the defendants insured the plaintiff for five years, against loss or damage by fire, to the amount of $2000, on “ her grist mill in the town of Madison, and shed adjoining, and tools and machinery therein.” On the 19th day of July, 1850, the property was destroyed by fire.
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This action was brought on a policy of insurance, dated the 8th day of June, 1848, by which the defendants insured the plaintiff for five years, against loss or damage by fire, to the amount of $2000, on “ her grist mill in the town of Madison, and shed adjoining, and tools and machinery therein.” On the 19th day of July, 1850, the property was destroyed by fire. The policy contained the following clause: “And it is also agreed that this policy is made and accepted subject to, and in reference to the terms and conditions of the act of incorporation and by-laws of the said company, which are…
1Opinion of the Court
By the Court,
Crippen, J.
The first point raised by the defendant is, that the contract for the sale of the premises insured, and the possession and occupation thereof, by the purchaser, was such an alienation of the property as rendered the policy void within the meaning of the 7th section of the act incorporating said company.
It is undoubtedly true that the vendee acquired an equitable interest in said premises by his contract of purchase, and might have compelled a specific performance thereof on the part of the plaintiff, by a full compliance on his part. This action was commenced in…
2Cases cited3 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Roseboom v. MosherNew York Supreme Court · 1846
- Conover v. Mutual InsuranceNew York Supreme Court · 1846
3Cited by27 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Peoria Marine & Fire Insurance v. HallMichigan Supreme Court · 1864
- Commercial Insurance v. SpanknebleIllinois Supreme Court · 1869
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