Legal Opinion

Holbrook v. Receivers of the American Fire Insurance

New York Court of Chancery

Decided November 15, 1836PublishedCited by 37 opinions

This was an appeal from a decision of the vice chancellor of the first circuit upon an application for instructions to the receivers of the American Fire Insurance Company of the city of New-York to allow the appellants’ set off.

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This was an appeal from a decision of the vice chancellor of the first circuit upon an application for instructions to the receivers of the American Fire Insurance Company of the city of New-York to allow the appellants’ set off. The facts of the case, as stated in the appellants’ petition to the vice chancellor, were as follows: Holbrook and Ferme, the appellants, were formerly general partners as merchants in New-York, and as such effected an insurance upon their goods, with the American Fire Insurance Company, to the amount of $8000, for one year. A few months afterwards, by an arrangement…

1Opinion of the Court

The following is the vice chancellor’s opinion:

McCoun, V. C.

The only important point in controversy

in this case is, with respect to the right of set off. In another case, against the receivers of the Globe Insurance Company, I have just had occasion to examine the question *222of set off both at law and in equity, where the company held the bond and mortgage of the parties whose building upon the mortgaged premises the company had insured, and a loss to the whole amount of the sum insured was sustained by the destruction of the building, and where the loan of money upon the bond and mortgage and…

2Cases cited3 opinions

  1. Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
  2. Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
  3. Gordon v. BowneNew York Supreme Court · 1807

3Cited by37 opinions

  1. Bathgate v. . HaskinNew York Court of Appeals · 1875
  2. Green v. ConradSupreme Court of Missouri · 1893
  3. Merrill v. Cape Ann Granite Co.Massachusetts Supreme Judicial Court · 1894
  4. Hughitt v. . HayesNew York Court of Appeals · 1892
  5. Smith v. SpenglerSupreme Court of Missouri · 1884

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