Kitts v. Massasoit Insurance
New York Supreme Court
APPEAL from a judgment rendered for the plaintiffs, upon a trial before a jury, at the circuit. The action was brought upon a policy of fire insurance, issued by the defendant to the plaintiffs, to the amount of $1000. Upon the trial, at the Oswego circuit, it appeared that the plaintiffs, on the 14th of June, 1864, were copartners in the business of carrying on a steam saw and shingle mill at Oswego, and on that day the defendant insured their stock in the sum of §1000 for…
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APPEAL from a judgment rendered for the plaintiffs, upon a trial before a jury, at the circuit. The action was brought upon a policy of fire insurance, issued by the defendant to the plaintiffs, to the amount of $1000. Upon the trial, at the Oswego circuit, it appeared that the plaintiffs, on the 14th of June, 1864, were copartners in the business of carrying on a steam saw and shingle mill at Oswego, and on that day the defendant insured their stock in the sum of §1000 for one year, by a policy of that date. The policy contained on its face, and as one of its conditions, the following: “ 4.…
1Opinion of the Court
By the Court,
Foster, J.
There was no assignment or transfer of any kind, of the policy of insurance, or of any interest therein, from Kitts to Wilmot. It is not claimed that any actual delivery of the policy, or of the certificate of renewal, was made to him; and although the language of the instrument executed by Kitts, taken by itself, is broad enough to include the policy as one' of the choses in action of the firm, yet it is manifest from the whole transaction and its surroundings, that no such thing was intended.
By the agreement, the interest of Kitts in all the personal property, and all…
2Cases cited3 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Hitchcock v. . the North Western Insurance CompanyNew York Court of Appeals · 1862
- Phelps v. Gebhard Fire InsuranceThe Superior Court of New York City · 1862
3Cited by4 opinions
- Bates v. Commercial Insurance CompaniesOhio Superior Court, Cincinnati · 1872
- Third National Bank v. SpringNew York Supreme Court · 1899
- Bates v. Commercial InsuranceOhio Superior Court, Cincinnati · 1871
- Green v. Homestead Fire InsuranceNew York Supreme Court · 1879