McGivney v. Phœnix Fire Insurance

New York Supreme Court

McGivney v. Phœnix Fire Insurance

1 Wend. 85

CourtNew York Supreme Court

DecidedAugust 15, 1828

StatusPublished

Cited by6 cases

This text of 1 Wend. 85 (McGivney v. Phœnix Fire Insurance) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McGivney v. Phœnix Fire Insurance, 1 Wend. 85 (N.Y. Super. Ct. 1828).

Pincite

Opinion

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]*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.

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