Mayor of New-York v. Pentz
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. W. A. F. Pentz and his partners, a mercantile firm had two buildings blown up by order of the mayor of N. York, in the great fire in that city, in December, 1835, to prevent the spreading of the conflagration; and had their damages assessed, under § 81 of the general act relating to the city of H. York, 2 R. L. 368, at $39,476,54. The buildings were worth between $29,000 and $30,000, and the merehandize in the buildings at the time of their…
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Error from the supreme court. W. A. F. Pentz and his partners, a mercantile firm had two buildings blown up by order of the mayor of N. York, in the great fire in that city, in December, 1835, to prevent the spreading of the conflagration; and had their damages assessed, under § 81 of the general act relating to the city of H. York, 2 R. L. 368, at $39,476,54. The buildings were worth between $29,000 and $30,000, and the merehandize in the buildings at the time of their destruction, was worth $18,535,82. The Messrs. Pentz were insured $10,000 on their merchandize. On the assessment of the…
1Opinion of the Court
After advisement, the following opinion was delivered:
By Senator Verplanck.
The first question in this case is, whether the recovery of the plaintiffs in the court below for damages sustained by reason of the destruction of their property by the city magistrates according to law, to prevent the spreading of a conflagration, ought not to be lessened by the amount which might be recovered of the underwriters, who are liable for their insurance upon the same ^property. The underwriters being clearly liable to the owners for such a loss, this is, [ *671 ] in other words, the question whether the…
2Cases cited1 opinion
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
3Cited by4 opinions
- Clark v. . BairdNew York Court of Appeals · 1853
- Fairchild v. BascombSupreme Court of Vermont · 1862
- Cruger v. DouglasNew York Court of Chancery · 1845
- Ferguson v. StaffordIndiana Supreme Court · 1870