Lake View Brewing Co. v. Commerce Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Commerce Insurance Company of Albany, E. Y., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 5th day of May, 1910, upon the decision of the court rendered after a trial at the Erie Special Term.
1Opinion of the Court
Spring, J.:
This action is in equity to reform a policy of insurance issued by the defendant to A. M. Lorenz on the 25th of November, 1907, and to recover upon the policy when reformed.
In the spring of 1906 Lorenz owned and occupied the premises insured, which consisted of a saloon and dwelling house in the village of Depew, county of Erie, and they were subject to a mortgage held by one Wertheimer. While Lorenz was the owner, the plaintiff, a brewing corporation of the city of Buffalo, loaned to him the sum of $1,500 and again $300, which money was expended by him in the erection of a…
2Cases cited1 opinion
- Bartholomew v. . Mercantile Marine Insurance CompanyNew York Court of Appeals · 1887
3Cited by4 opinions
- Salomon v. North British & Mercantile InsuranceNew York Court of Appeals · 1915
- Fitzgerald v. Arcade Theater Co.New York Supreme Court · 1915
- Hall v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Estate of BedellNew York Surrogate's Court · 1941