Legal Opinion

Redfield v. Paterson Fire Insurance

New York City Court

Decided June 15, 1877Published

Appeal by defendant from a judgment in favor of the plaintiff. The action was brought by Luther Redfield, as assignee of the firm of 0. H. McCormick & Co. Plaintiff’s assignors employed one Stearns, an insurance broker in the city of New York, to procure for them an insurance upon property in New Jersey. Stearns applied to the defendant, a company organized and doing business in that State, and having its office at Paterson.

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Appeal by defendant from a judgment in favor of the plaintiff. The action was brought by Luther Redfield, as assignee of the firm of 0. H. McCormick & Co. Plaintiff’s assignors employed one Stearns, an insurance broker in the city of New York, to procure for them an insurance upon property in New Jersey. Stearns applied to the defendant, a company organized and doing business in that State, and having its office at Paterson. The policy was issued Oct. 23, 1875, and was mailed at Paterson, directed to Stearns in New York city, who received and delivered it to the insured at the latter place.…

1Opinion of the CourtReynolds, J.

I cannot forbear noticing, at the outset, the model way in which this case is presented to the court for review. The case, as settled by the parties, sets out the material facts in a concise and lucid manner, stripped of the redundant matter which, to a greater or less extent, unavoidably creeps in upon the trial, so that the real questions, difficult as they may be' in themselves, are plainly set forth. It is greatly to be desired that such a practice should be more extensively followed by the profession.

[The learned judge here stated the facts.]

By the express language of the contract, it…

2Cases cited6 opinions

  1. Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
  2. Roehner v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
  3. Merserau v. . Ph&338nix Mutual Life Ins. Co.New York Court of Appeals · 1876
  4. Wall v. . the Home Insurance Co.New York Court of Appeals · 1867
  5. Van Allen v. . Farmers' Joint Stock Ins. Co.New York Court of Appeals · 1876

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