Burr v. . the Broadway Insurance Company
New York Court of Appeals
Appeal from, the Supreme Court. The action was upon a policy of insurance issued by the defendant. The question raised by the pleadings and litigated on the trial at the Kings circuit was, whether the policy covered a building of the'plaintiffs on the southwest corner of South Eighth and First streets, in Williamsburgh, which had been burned, or referred to another building of the plaintiffs, situated on the northwest corner of the same streets.
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Appeal from, the Supreme Court. The action was upon a policy of insurance issued by the defendant. The question raised by the pleadings and litigated on the trial at the Kings circuit was, whether the policy covered a building of the'plaintiffs on the southwest corner of South Eighth and First streets, in Williamsburgh, which had been burned, or referred to another building of the plaintiffs, situated on the northwest corner of the same streets. The description contained in the policy, and the manner in which the ambiguity arose and was explained, are stated in the following opinions. A…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Evidence was received, upon the trial of this action, to show by extrinsic circumstances that the building destroyed by fire was the same referred to and intended to be insured by the policy of insurance described in the complaint. The admissibility of this evidence, under the defendant's objection, and the instructions in reference to it, given to the jury by the court, also under the defendant's exception, are the questions which arise upon this appeal.
The…
2Cases cited4 opinions
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Lush v. DruseNew York Supreme Court · 1830
- Jackson ex dem. M'Naughton v. LoomisNew York Supreme Court · 1820
- Jackson ex dem. Smith v. MarshNew York Supreme Court · 1826
3Cited by16 opinions
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Schilling v. RomingerSupreme Court of Colorado · 1878
- Whitfield v. WebbSupreme Court of Florida · 1931
- New York Life Insurance v. AitkinNew York Court of Appeals · 1891
- Fireman's Fund Insurance v. Aachen & Munich Fire InsuranceCalifornia Court of Appeal · 1906
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