Van Schoick v. . Niagara Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the. General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. ' The breach of the condition as to the policy being on leased land, avoided the policy, (61 N. Y., 575; Angel on Ins., 145; Marshal on Ins., 249; Murdock v. Chenango Mut. Ins.
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Appeal from judgment of the. General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. ' The breach of the condition as to the policy being on leased land, avoided the policy, (61 N. Y., 575; Angel on Ins., 145; Marshal on Ins., 249; Murdock v. Chenango Mut. Ins. Co., 2 Comst., 220; Ripley v. Etna Ins. Co., 30 N. Y., 150; Bidwell v. N. W. Ins. Co., 19 id., 179; 63 id., 404.) This condition…
1Opinion of the CourtFolger, J.
This was an' action upon a policy of fire insurance. It contained this condition: “ Any interest in property insured not absolute, or that is less than a perfect title, or if a building is insured that is on leased ground, the same must be specifically represented to the company, and expressed in this policy in writing, otherwise the insurance shall be void.” The fact is, that part of the property described in the policy, as subject of the insurance, was a building on leased ground. That fact was not expressed in writing in the policy. The defendant claims that thereby the insurance was void,…
2Cases cited12 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
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- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
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