Manley v. President & Directors of the Insurance Co. of North America
New York Supreme Court
Appeal from judgment upon the decision and report of a referee.. The defendant issued to the plaintiff a policy, August 31, 1866, whereby it insured the plaintiff against loss or damage by fire to the amount of $5,000 ; $3,500 on his frame house, and $1,500 on his three barns, being $500 on each barn, for the period of three years.
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Appeal from judgment upon the decision and report of a referee.. The defendant issued to the plaintiff a policy, August 31, 1866, whereby it insured the plaintiff against loss or damage by fire to the amount of $5,000 ; $3,500 on his frame house, and $1,500 on his three barns, being $500 on each barn, for the period of three years. Hovember 4, 1867, the house and one of the barns were destroyed' by fire, and one of the barns damaged to the amount of $100. This action was brought to recover these losses. A further statement of the case, and the questions made, appears in the opinion.
1Opinion of the Court
Present — Marvin, Lamont and Barker, JJ.
By the court
—Marvin, P. J.
The referee found the issuing of the policy, and the loss while the policy was in full force; that the house and barn destroyed were of the value of $4,000, and upward; that the damage to another barn was $100; that the plaintiff gave due notice to the defendant of the fire, with proof of the loss and damage occasioned thereby, and as a matter of law he decided that the plaintiff was entitled to recover $4,100, and interest $263.10.
The defendant filed several exceptions, some of which will be noticed hereafter.
At the close of…
2Cases cited1 opinion
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
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