Shotwell v. Jefferson Insurance
The Superior Court of New York City
This case comes "before the Court on an appeal by the defendant from a judgment entered in favor of the plaintiff for the sum of $2245, with costs. The action was tried before Mr. Justice Pierrepont without a jury on the 4th of November, 1858, a trial by jury having been waived.
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This case comes "before the Court on an appeal by the defendant from a judgment entered in favor of the plaintiff for the sum of $2245, with costs. The action was tried before Mr. Justice Pierrepont without a jury on the 4th of November, 1858, a trial by jury having been waived. The action was commenced March 21st, 1857, and is brought upon a policy of insurance executed by the defendants, to indemnify one William Shotwell against damage by fire, to certain buildings situated at Macon, in the State of Georgia, and alleged to have been damaged by fire to the amount of $2,000, while the policy…
1Opinion of the Court
By the Court—Hoffman, J.
Previous to the fire causing the damage for which the action is brought, the plaintiff (the assured) had entered into a contract with Strohecker, which was so far executed as, according to the settled doctrine of a court of equity, to make the latter the owner of the property, entitled to its profits, liable for impositions upon it, and subject to any loss which might fall upon it by fire or otherwise. He had gone into possession. He could have been compelled to pay the balance of his purchase money, notwithstanding the destruction of the property. In short, he was the…
2Cases cited10 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
- Howard v. Albany InsuranceNew York Supreme Court · 1846
- Masters v. Madison County Mutual InsuranceNew York Supreme Court · 1852
- Conover v. Mutual InsuranceNew York Supreme Court · 1846
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Deck v. Chautauqua County Patrons' Fire Relief Ass'nNew York Supreme Court · 1973
- Aetna Casualty & Surety Co. v. Cameron Clay Products, Inc.West Virginia Supreme Court · 1966
- Ferguson v. Massachusetts Mutual Life InsuranceNew York Supreme Court · 1880
- Foley v. Farragut Fire InsuranceNew York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.