De Grove v. . Metropolitan Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the plaintiff, entered upon a decision of the court upon trial without a jury. This action was upon an alleged insurance.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the plaintiff, entered upon a decision of the court upon trial without a jury. This action was upon an alleged insurance. The complaint alleged an insurance of plaintiff’s assignors by defendant, on the 12tli day of December, 1865, through one Grannis, its agent, at Macón, Georgia, upon forty-one bales of cotton, for the amount of $8,000, against loss or damage by fire or otherwise during its transportation from Macon to Sew York city, and alleges damage by fire on…
1Opinion of the Court
Earl, C.
The defendant is a domestic corporation, organized under chapter 308, Laws of 1849, chapter 2, Laws of 1853, and chapter 106, Laws of 1863, and it was authorized by its charter to engage in fire insurance, and in marine and inland transportation and navigation insurance.
It was engaged in both kinds of insurance, kept each kind separate in separate books, and had different policies for each. Grannis, defendant’s agent at Macon, was authorized to engage in both kinds of insurance, and had blanks for both kinds.
On the 12th of December, 1865, McMahon, one of the assured, applied to…
2Cases cited5 opinions
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Trustees of the First Baptist Church v. Brooklyn Fire InsuranceNew York Court of Appeals · 1863
- Irving v. Excelsior Fire InsuranceThe Superior Court of New York City · 1857
- Rogers v. Mechanics' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1841
3Cited by35 opinions
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Lipman v. Niagara Fire InsuranceNew York Court of Appeals · 1890
- Cleveland Oil Co. v. Norwich Ins. SocietyOregon Supreme Court · 1898
- Blanks v. Hibernia InsuranceSupreme Court of Louisiana · 1884
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