Jones v. Mechanics Fire Insurance
Supreme Court of New Jersey
This action is founded on two certain policies of insurance, and the several renewals thereof, issued by the defendants to the plaintiff; one dated April 16th, 1866, for $3000; the other dated January 24th, 1867, for $1500. Both are on the plaintiff’s stock of merchandise, consisting of groceries and liquors of all kinds, and all such articles as are usually kept in a wholesale and retail grocery and liquor store, in his store at Morristown.
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This action is founded on two certain policies of insurance, and the several renewals thereof, issued by the defendants to the plaintiff; one dated April 16th, 1866, for $3000; the other dated January 24th, 1867, for $1500. Both are on the plaintiff’s stock of merchandise, consisting of groceries and liquors of all kinds, and all such articles as are usually kept in a wholesale and retail grocery and liquor store, in his store at Morristown. The policies are in the usual form, and, in the body of each, the company promise and agree to make good unto the insured all such loss or damage, not…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
It has been often decided that such policies of insurance are contracts of indemnity, in case of loss by fire, upon compliance with the terms and conditions therein contained. They are therefore to be construed as other contracts between competent parties, to fulfill their intentions as they have expressed them in writing.
In this case, it is first objected that the court erred in refusing to nonsuit the plaintiffj because due notice and proof of the loss, in conformity to the conditions annexed to the policies, were not made sixty days prior…
2Cases cited12 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Gilbert v. North American Fire InsuranceNew York Supreme Court · 1840
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. BartellNew Jersey Superior Court Appellate Division · 1951
- Great American Insurance Companies, Inc. v. Subranni (In Re Tri-State Armored Services, Inc.)District Court, D. New Jersey · 2007