Opinion · New York Supreme Court

McGivney v. Phœnix Fire Insurance

McGivney v. Phœnix Fire Ins., 1 Wend. 85 (N.Y. Sup. Ct. 1828)

Type: Opinion
Court: New York Supreme Court
Jurisdiction: New York
Date: 1828-08-15
Topic: general

By the Court, Savage, Ch. J. The plaintiff is entitled to judgment. Though the fee of the premises was in another, the plaintiff was in possession under a contract of purchase, had made a payment of interest in pursuance thereof and" had made valuable improvements. He, therefore, had an insurable interest in the premises.

Citator

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Cited by: 6 opinions

By the Court,

Savage, Ch. J.

The plaintiff is entitled to judgment. Though the fee of the premises was in another, the plaintiff was in possession under a contract of purchase, had made a payment of interest in pursuance thereof and" had made valuable improvements. He, therefore, had an insurable interest in the premises. The omission of disclo *87 ¡sure of title is not presented by the bill of exceptions as a point raised at the trial, and cannot now be considered.

UTICA, Aug. 1828. Van Nest v. 'Y. eomans.

Judgment for plaintiff.