Legal Opinion

Macarty v. Commercial Insurance

Supreme Court of Louisiana

Decided January 15, 1841PublishedCited by 5 opinions

Appeal from the court of the first judicial district. This is an action on a policy of insurance, to recover the snm of $3,300, the value at which a house and appurtenant buildings were insured at, in Champs Elysées-street, in New Orleans, and destroyed by fire.

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Appeal from the court of the first judicial district. This is an action on a policy of insurance, to recover the snm of $3,300, the value at which a house and appurtenant buildings were insured at, in Champs Elysées-street, in New Orleans, and destroyed by fire. The plaintiff alleges, that on the 19th May, 1836, he caused insurance to be made at tlie office of the defendants, on the foregoing property, to the amount or value stated, and that during the continuance of the policy of insurance, to wit, on the 8th April, 1837, the buildings insured.were destroyed by fire, and that the insurers…

1Opinion of the CourtMoephy, J.

The plaintiff seeks to recover $2,300 on a policy of insux-ance, in the usual form against loss and damage by fire. On the 19th of May, 1836, he caused insurance to be effected on a house and kitchen for the space of one year; within that time, the buildings were totally destroyed by fire, but before this loss occurred, the insured had made a donation inter vivos of the property to one Eugenie Adelaide Gomez, and had transferred to her all his title and interest in and to the same in the most unqualified terms; the only restriction imposed on the donee’s absolute right of ownership was that…

2Cases cited1 opinion

  1. Laurent v. Chatham Fire InsuranceThe Superior Court of New York City · 1828

3Cited by5 opinions

  1. Lighting Fixture Supply Co. v. Fidelity Union Fire Ins. Co.Court of Appeals for the Fifth Circuit · 1932
  2. Stokes v. Republic Underwriters Ins. Co.Louisiana Court of Appeal · 1980
  3. Brewster v. Michigan Millers Mutual Insurance Co.Louisiana Court of Appeal · 1973
  4. Union Cent. Life Ins. Co. v. HarpSupreme Court of Louisiana · 1943
  5. Union Cent. Life Ins. v. HarpSupreme Court of Louisiana · 1943

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