Burleigh v. . Gebhard Fire Ins. Co.
New York Court of Appeals
Appeals from orders of the General Term of the Supreme Court in the third judicial department, made February 7,1881, which reversed judgments in favor of plaintiffs, entered upon decisions of the court on trial without a jury. The action in each case was brought upon a policy of fire insurance issued by the defendant to plaintiffs upon certain personal property.
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Appeals from orders of the General Term of the Supreme Court in the third judicial department, made February 7,1881, which reversed judgments in favor of plaintiffs, entered upon decisions of the court on trial without a jury. The action in each case was brought upon a policy of fire insurance issued by the defendant to plaintiffs upon certain personal property. Each policy, after a description of the property, contained this statement, “all contained in their frame storehouse with slate roof, situate, detached at least one hundred feet, on the east side of Lake Champlain, in the town of"…
1Opinion of the CourtFinch, J.
We think the statement contained in the policies issued by the defendants, describing the building which contained the personal property insured as “detached at least one hundred feet,” is a warranty. We cannot hold it to be amere description of the building for the purpose of identifying the personal property insured contained within it. The phrase is not adapted to any such purpose. It adds nothing to the identity of the storehouse, already sufficiently described by its ownership and situation on the lake. In Wall v. The East River Mut. Ins. Co. (7 N. Y. 370), the personal property insured…
2Cases cited6 opinions
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- Baley v. . Homestead Fire Ins. Co.New York Court of Appeals · 1880
- Alexander v. . Germania Fire Ins. Co.New York Court of Appeals · 1876
- Parmelee v. . Hoffman Fire Ins. Co.New York Court of Appeals · 1873
- Wall v. . the East River Mutual Insurance Co.New York Court of Appeals · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Holly v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1887
- Haas v. Mutual Life InsuranceNebraska Supreme Court · 1909
- Baker v. German Fire InsuranceIndiana Supreme Court · 1890
- Fidelity Mut. Life Ass'n of Philadelphia v. MillerCourt of Appeals for the Fourth Circuit · 1899
- Fitzgerald v. Supreme Council of the Catholic Mutual Benefit Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
6 more not listed; retrieve them via the Exa API.