Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. Stucco Sys., LLC

<p>Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of February, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a verdict, and affirmed an order denying a motion for a new trial.</p> <p>This action was brought upon a policy of insurance issued by the defendant, to recover the sum of $500 for loss sustained by the burning of a barn, a quantity of hay and grain and two horses, covered by the policy.</p> <p>Said policy contained the following condition: “ If the said property be sold or conveyed, or if the interest of the parties. therein be changed in any manner, whether by the act of the parties or by operation of law, * * * then, and in every such case and. in either of said events, this policy shall be null and void, until the written consent of the company at the home office is obtained.”</p> <p>At the time of the application for, and issuance of the policy, William T. Walton was the owner of the premises insured. About five months thereafter he conveyed said property to a third person, who, on the same day, duly conveyed the same to Eliza D. Walton, the wife of William. ¡Notice of these transfers was never given to the defendant, neither was the written consent of the company at the home -office obtained. William T. Walton, against the objection of the defendant, testified that he told the agent, at the time the application for insurance was made, that as soon as he had finished repairing the buildings he should convey the property to his wife, and that he wanted a policy so made out as to cover his interest now and the interest of his wife after conveyance made. That the agent replied that he could accomplish that result by making the policy out to William T. Walton and wife. It was thereupon arranged that such a policy should be applied for, and he signed an application to the company. 'The evidence was duly objected to by the defendant and an exce