Gilbert v. North American Fire Insurance
New York Supreme Court
This action was tried at the Oswego circuit, in December, 1838, before the Hon. Phido Gridley, one of the circuit judges. The defendants, on the 7th December, 1836, entered into a policy of insurance against fire, to the amount of $4000, upon a stone flouring mill, and a framed ware-house attached thereto, belonging to the plaintiff, situate at Oswego, for one year from the date of the policy. The mill took fire on the 23d October, 1837, and was injured to a great amount.
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This action was tried at the Oswego circuit, in December, 1838, before the Hon. Phido Gridley, one of the circuit judges. The defendants, on the 7th December, 1836, entered into a policy of insurance against fire, to the amount of $4000, upon a stone flouring mill, and a framed ware-house attached thereto, belonging to the plaintiff, situate at Oswego, for one year from the date of the policy. The mill took fire on the 23d October, 1837, and was injured to a great amount. The first objection taken to a recovery was, an alleged, defect in the preliminary proofs ; the defendants insisting that…
1Opinion of the CourtBronson, J.
[ *45 ] *By the Court, It was necessary for the plaintiff to establish on the trial his interest in the subject insured ; but I find nothing in the ninth condition annexed to the policy, which made it necessary for lffui to stafe the nature of his interest in the affidavit, which formed a part of the preliminary proofs. He was to deliver a particular account of his loss, and accompany the same with his oath. He stated in his affidavit, that the flouring mill which belonged to him, and which was insured, was, on a specified day, totally destroyed by fire, and that his loss and damage by reason of…
2Cases cited1 opinion
- Jackson v. PerkinsNew York Supreme Court · 1829
3Cited by53 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Taft v. TaftMichigan Supreme Court · 1886
- Blewitt v. . BoorumNew York Court of Appeals · 1894
- The People v. . BostwickNew York Court of Appeals · 1865
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