Tilton v. Hamilton Fire Insurance
The Superior Court of New York City
Duer, Ch. Bosworth, Hoffman, Slosson and Wood-ruff, Justices. This action was brought upon a policy of insurance made by the defendants, to recover from them their proportion of the loss and damage sustained by the plaintiff by the destruction or damage of the property insured, by a fire which occurred on the morning of the 5th of February, 1855. By the pleadings in the action, the making of the policy and the occurrence of the fire were admitted; and also that the goods of…
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Duer, Ch. Bosworth, Hoffman, Slosson and Wood-ruff, Justices. This action was brought upon a policy of insurance made by the defendants, to recover from them their proportion of the loss and damage sustained by the plaintiff by the destruction or damage of the property insured, by a fire which occurred on the morning of the 5th of February, 1855. By the pleadings in the action, the making of the policy and the occurrence of the fire were admitted; and also that the goods of the plaintiff saved from the fire were damaged to the extent of nine hundred dollars. In addition to this, the plaintiff…
1Opinion of the Court
By the court—Duer, Chief Justice.
The judge, upon the trial, charged the jury that if they were satisfied that the plaintiff had sustained the loss that was claimed, he was entitled to recover, as well for the goods abstracted or stolen as for those, if any, destroyed by fire. To this part of the charge the. counsel for the defendant excepted ; and whether this exception is -well taken is the single question that we are now required to determine. In words less technical, the question is, whether, as fire is the only risk mentioned in the policy, the defendants are ansv-erable for the loss of…
2Cited by6 opinions
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Queen Insurance v. Patterson Drug Co.Supreme Court of Florida · 1917
- Reliance Insurance Co. v. NamanTexas Supreme Court · 1928
- McLaury v. City of McGregorSupreme Court of Iowa · 1880
- Bird v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1917
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