Kelly v. Commonwealth Insurance of Pennsylvania
The Superior Court of New York City
This was an action upon a contract of insurance, to recover for damage by fire to a stock of goods of the plaintiffs, in a store in the City of Yew York, on the, 11th of July, 1860. The character of the contract appears by the pleadings and evidence hereinafter stated.
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This was an action upon a contract of insurance, to recover for damage by fire to a stock of goods of the plaintiffs, in a store in the City of Yew York, on the, 11th of July, 1860. The character of the contract appears by the pleadings and evidence hereinafter stated. The defendants were a corporation, chartered by the State of Pennsylvania; the plaintiffs were partners under the firm of “ Joseph Kelly & do.” . Policies of insurance issued by the former, in the State of Yew York, according to their usual form, contained provisions that they are “not to “ be valid until countersigned by their…
1Opinion of the Court
By the Court — Robertson, J.
Under the evidence and charge to the Jury in this case, the only embarrassment grows out of that part of the complaint which states a cause of action arising out of the execution of the policy, of which a copy is annexed. The testimony of Kelly, one of the plaintiffs, by itself, shows clearly the making of an independent oral contract to insure, irrespective of any agreement to deliver a policy. The question of the reliability of such testimony, and the making of such contract, were fairly left to the Jury, as matters of fact. . The only questions to be considered…
2Cases cited1 opinion
- Bunten v. Orient Mutual InsuranceThe Superior Court of New York City · 1861
3Cited by10 opinions
- Commercial Union Assurance Co. v. State ex rel. SmithIndiana Supreme Court · 1888
- Relief Fire Ins. Co. of NY v. ShawSupreme Court of the United States · 1877
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
- Campbell v. American Fire Insurance Co. of PhiladelphiaWisconsin Supreme Court · 1888
- Kino v. Phoenix InsuranceSupreme Court of Missouri · 1906
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