Audubon v. . Excelsior Insurance Company
New York Court of Appeals
Appeal by the defendants from a judgment of the Court of Common Pleas of the city and county of Hew York. The action was brought in February, 1859, on an alleged contract of insurance against fire, of certain engraved plates and unbound letter-press matter, for “Audubon’s Quadrupeds of Horth America,” which, it was alleged, the defendants had agreed to insure for one month, from March 4th, 1854, in the shop of the binder, at Ho. 10 Spruce street, Hew York.
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Appeal by the defendants from a judgment of the Court of Common Pleas of the city and county of Hew York. The action was brought in February, 1859, on an alleged contract of insurance against fire, of certain engraved plates and unbound letter-press matter, for “Audubon’s Quadrupeds of Horth America,” which, it was alleged, the defendants had agreed to insure for one month, from March 4th, 1854, in the shop of the binder, at Ho. 10 Spruce street, Hew York. The answer was a denial of the alleged contract, and the statement of a former action for the same cause, in which, it was alleged, a…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defendants having answered, the court had the right to receive a verdict for a greater sum than the judgment demanded in the complaint, and render a judgment against the defendants for the full amount of the verdict, because the same was consistent with the case made by the complaint and embraced within the issue. (Code, § 275.)
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2Cited by23 opinions
- Loeb v. . WillisNew York Court of Appeals · 1885
- Webb v. . BuckelewNew York Court of Appeals · 1880
- Hardwick v. State InsuranceOregon Supreme Court · 1891
- The People v. . VilasNew York Court of Appeals · 1867
- Chattanooga, Rome & Columbus Railroad v. JacksonSupreme Court of Georgia · 1891
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