Legal Opinion

Whited v. Germania Fire Insurance

New York Supreme Court

Decided January 15, 1878Published

Appeal from judgment in favor of the plaintiff entered on a verdict rendered at the Oswego Circuit, before Mr. Justice Morgan. Action on a policy of insurance for $Y00, issued by defendant to plaintiff, on a frame building occupied as a dwelling and grocery.

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Appeal from judgment in favor of the plaintiff entered on a verdict rendered at the Oswego Circuit, before Mr. Justice Morgan. Action on a policy of insurance for $Y00, issued by defendant to plaintiff, on a frame building occupied as a dwelling and grocery. The policy was issued October 11, 1869, and was continued in force by annual renewals till October 11, 18Y3. The policy contained the following conditions: “ If the property be sold or transferred, or any change takes place in title or possession, etc., * * * without the consent of the company indorsed hereon, or if the interest of the…

1Opinion of the Court

Smith, J.:

The jury were instructed that if they should find from the evidence, that at the time when the renewal premium was paid to the defendant’s agent, he was notified by the plaintiff of the conveyance and mortgage, and he understood that the plaintiff paid the money to renew the policy for his benefit as mortgagee, they might infer'an agreement that it should be renewed for that purpose, and in that event they were further instructed, as is to be *194inferred from tlie charge, that they might find for the plaintiff. The instruction was proper, in view of the evidence, provided the agent had…

2Cases cited4 opinions

  1. Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
  2. Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
  3. Van Allen v. . Farmers' Joint Stock Ins. Co.New York Court of Appeals · 1876
  4. Whitwell v. Putnam Fire InsuranceNew York Supreme Court · 1872

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