Legal Opinion

Lasher v. St. Joseph Fire & Marine Insurance

New York Court of Appeals

Decided October 18, 1881PublishedCited by 13 opinions

Appeal from order of the General Term of the Supreme Court, in the third judicial department, made February 13, 1880, which reversed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are" stated in the opinion. The expression of the policy as to the interest of the insured was a sufficient compliance with its condition. (Pitney v. Glens Falls Ins.

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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made February 13, 1880, which reversed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are" stated in the opinion. The expression of the policy as to the interest of the insured was a sufficient compliance with its condition. (Pitney v. Glens Falls Ins. Co., 65 N. Y. 6; Pelton v. Westchester Fire Ins. Co., Ct. of Appeals, Alb. L. J., June 28, 1879; Lasher v. Northwestern Ins., Co., 18 Hun, 98; Rowley v.…

1Opinion of the CourtEarl, J.

This action was brought upon a fire insurance policy issued by the defendant to Jane A. Lasher, insuring her to the amount of $2,500- “on her household furniture,” contained in a hotel known as the Woodstock Overlook Hotel, the “ loss, if any, payable to Artemas Sahler and William Lounsbery as their interest may appear.” The insurance was for one year from Aug. 21, 1874, and the furniture was destroyed by fire April 1, 1875. The action has been defended on several grounds, but one of which need be noticed.

Mrs. Lasher did not own the furniture, but she was in possession thereof under a…

2Cases cited1 opinion

  1. Mers v. Franklin InsuranceSupreme Court of Missouri · 1878

3Cited by13 opinions

  1. Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
  2. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  3. Mechanics & Traders Insurance v. Mutual Real Estate & Blg. Ass'nSupreme Court of Georgia · 1896
  4. Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
  5. Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888

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