Phillips v. Home Insurance
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, ' pursuant to section 1279 of the Code of Civil Procedure.
1Dissent
McLaughlin, J. (dissenting):
The contract in question was one 'of indemnity only. (13 Am. & Eng. Ency. of Law [2d ed.], 101.) Profits may be recovered only when insured' as such. (Id. 105; Niblo v. North Am. Fire Co., 3 N. Y. Super. Ct. 551; Buffalo Elevating Co. v. Prussian Nat. Ins. Co., 64 App. Div. 182, 187; affd., sub. nom. Michael v. Prussian Nat. Ins. Co., 171 N. Y. 25.) Upon the facts the plaintiff would be indemnified by the payment to him of $1,841.95 and any greater sum necessarily includes profits. He was a manufacturer and his actual loss was obviously what he had expended upon…
2Cases cited4 opinions
- Michael v. Prussian National InsuranceNew York Court of Appeals · 1902
- Buffalo Elevating Co. v. Prussian National InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Scottish Union & National Insurance v. KeeneCourt of Appeals of Maryland · 1897
- Mumford v. HallettNew York Supreme Court · 1806