Le Roy v. . the Market Fire Ins. Co.
New York Court of Appeals
An appeal from a judgment of the General Term of the Supreme Court in the second judicial district, affirming the judgment entered at the Dutchess county circuit for the plaintiff The action was brought to recover on a policy of insurance, whereby the plaintiff’s paper-mill, machinery, etc., were insured to the amount of $2,000 in defendant’s company.
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An appeal from a judgment of the General Term of the Supreme Court in the second judicial district, affirming the judgment entered at the Dutchess county circuit for the plaintiff The action was brought to recover on a policy of insurance, whereby the plaintiff’s paper-mill, machinery, etc., were insured to the amount of $2,000 in defendant’s company. On the 5th day of June, 1861, the plaintiff effected the insurance in question, as follows: “ $1,233.75 on their part one and part two story frame building, with additions attached, including water-wheels therein, and, occupied as a paper-mill,…
1Opinion of the CourtGrover, J.
From that portion of the charge excepted to 'by the defendant’s counsel, and from the refusal to charge as requested, the jury must have understood the court as charging that the plaintiffs were entitled to recover, although the survey 280 was upon file in the office of the Park Company, and was the paper referred to as the survey in the policy issued by the defendant, upon which the action was brought; unless they further found that it was so understood by. both parties, that, in case it was not so understood by both, the minds of the parties met in issuing a policy of insurance, but they…
2Cases cited2 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Le Roy v. . the Market Fire Ins. Co.New York Court of Appeals · 1868
3Cited by5 opinions
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