Fields v. Western Millers Mutual Fire Insurance

Appellate Division of the Supreme Court of New York

Fields v. Western Millers Mutual Fire Insurance

265 A.D. 891, 37 N.Y.S.2d 757, 1942 N.Y. App. Div. LEXIS 6361

Appellate Division of the Supreme Court of the State of New York·Decided November 11, 1942·Published

Opinion

Crapser, Bliss, Heffeman and Schenck, JJ., concur; Hill, P. J., dissents in a memorandum. Hill, P. J. (dissenting). The policy had been cancelled as to vendees but not as to the vendors. The determining factor is who paid for the policy. If the vendor paid an assignment may be taken. (Foster v. Van Reed, 70 N. Y. 19.) If the policy was obtained and paid for by the vendees the debt was extinguished. (Barile V. Wright, 256 N. Y. 1.) The complaint alleges that the vendee paid the premium. This is denied in the answer. The order should be reversed and the issues determined at a trial.

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Crapser, Bliss, Heffeman and Schenck, JJ., concur; Hill, P. J., dissents in a memorandum. Hill, P. J. (dissenting). The policy had been cancelled as to vendees but not as to the vendors. The determining factor is who paid for the policy. If the vendor paid an assignment may be taken. (Foster v. Van Reed, 70 N. Y. 19.) If the policy was obtained and paid for by the vendees the debt was extinguished. (Barile V. Wright, 256 N. Y. 1.) The complaint alleges that the vendee paid the premium. This is denied in the answer. The order should be reversed and the issues determined at a trial.

Fields v. Western Millers Mutual Fire Insurance, 265 A.D. 891, 37 N.Y.S.2d 757, 1942 N.Y. App. Div. LEXIS 6361 (N.Y. Ct. App. 1942).

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Opinion

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