CASES DECIDED IN THE COURT OF APPEALS OF THE STATE OF NEW YORK, Commencing June 5, 1888. ANNA BARRY, Appellant, v. HAMBURG-BREMEN FIRE A deed absolute in form, but in fact given simply as security for a debt, Where, therefore, a policy of fire insurance contained a condition to the effect that a sale or transfer of the property sold or any change in the title without the consent of the company would avoid the policy, held, that a deed of the property, executed simply to secure a debt, was not within the condition and did not affect the policy Barry v. H. B. F I. Co (21 J. & S. 249), reversed. (Argued April 26, 1888, decided June 5, 1888.) APPEAL from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 6, 1886, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. (Reported below, 21 J. & S. 249.) This action was brought upon a policy of fire insurance issued by defendant upon a dwelling-house. The material facts are stated in the opinion. W. E. Osborn for appellant. Conditions and provisos in policies of insurance are to be construed strictly against the underwriters, as they tend to narrow the range and limit the force of the principal obligation. (Herrman v. Merchants' Ins. Co., 81 N. Y. 184; Hoffman v. Etna Ins. Co., 32 id. SICKELS-VOL. LXV. 1 |