Lucas v. Jefferson Insurance Co.
New York Supreme Court
Assumpsit on a policy of insurance; tried at the New York circuit, July, 13th, 1826, before Edwards, C. Judge ; when the following facts appeared : The defendants, by a policy dated August, 23d, 1824, insured the plaintiff against loss by fire to the amount of . . . $4000, on certain cotton and woollen machinery, at Mechanic Ville, Saratoga county.
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Assumpsit on a policy of insurance; tried at the New York circuit, July, 13th, 1826, before Edwards, C. Judge ; when the following facts appeared : The defendants, by a policy dated August, 23d, 1824, insured the plaintiff against loss by fire to the amount of . . . $4000, on certain cotton and woollen machinery, at Mechanic Ville, Saratoga county. The Chatham and JEtna Fire Insurance Companies, also insured the plaintiff on the same property ; the former to $5,500, the latter $6000. A loss had been sustained by fire. The evidence on the part of the plaintiff, made the amount about $20,000;…
1Opinion of the Court
Curia, per
Woodworth, J.
No objection was raised on the argument, as to the finding of the jury ; nor can this be questioned on a bill of exceptions." It was contended that the charge of the judge was erroneous, on the ground that the defendants were entitled to the benefit of the payments made by the other companies ; and that, inasmuch as the whole of the loss sustained, had been already paid, the defendants were entitled to a verdict. It is well settled, that upon a double insurance, though the insured is not entitled to two satisfactions, yet in the first action, he may recover the w hole…
2Cited by9 opinions
- Prsdt. and Directors of Balto. Fire Ins. Co. v. LoneyCourt of Appeals of Maryland · 1862
- Citizens' Savings Bank & Trust Co. v. Fitchburg Mutual Fire InsuranceSupreme Court of Vermont · 1912
- Fitzsimmons v. City Fire InsuranceWisconsin Supreme Court · 1864
- York-Buffalo Motor Express, Inc. v. National Fire & Marine InsuranceNew York Court of Appeals · 1945
- Buse v. National Ben Franklin Insurance Co. of Pittsburg, Penn.New York Supreme Court · 1916
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