McMasters v. Westchester County Mutual Insurance
New York Supreme Court
This was an action on a policy of insurance,• tried at the Westchester circuit, in April, 1840, before the Hon. Charles H. Ruggles, one of the circuit judges.
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This was an action on a policy of insurance,• tried at the Westchester circuit, in April, 1840, before the Hon. Charles H. Ruggles, one of the circuit judges. The plaintiffs were insured against loss by fire to the amount of $4,000, upon a stock of joiner’s tools and other property, in a work shop attached to the state prison at Sing Sing, for the period of one year from the 12th December, 1837. On the 1st July, 1838, the shop took fire, and property insured, to a large amount, was destroyed. On the 13th July, the plaintiffs gave notice of the loss to the defendants. Repeated interviews were…
1Opinion of the Court
By the Court,
Nelson, C. J.
Whether the learned judge was correct or not, in charging that the plaintiff, McMasters, was entitled to recover for the whole loss in the names of the plaintiffs, if he had purchased the share of his co-partner before the fire, is a question not material to decide ; because he submitted the distinct fact to the jury, upon which the point of law rested, and they have found that no such purchase was made. This finding renders the opinion expressed wholly unimportant in the case.
*291The course the judge took on the trial in submitting certain questions to the jury, with a…
2Cases cited2 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by25 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Norwich & New York Transportation Co. v. Western Massachusetts InsuranceU.S. Circuit Court for the District of Connecticut · 1868
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Girard Life Insurance, Annuity & Trust Co. v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1881
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