New-York Fire Insurance v. Delavan
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the first circuit, dissolving the injunction which had been issued in this cause, and dismissing the complainants’ bill with costs.
Read the full summary
This was an appeal from a decree of the vice chancellor of the first circuit, dissolving the injunction which had been issued in this cause, and dismissing the complainants’ bill with costs. The complainants had insured the defendant upon his stock of hardware, in a store in New-York, to the amount of $5000, which stock was injured by fire, and by the water used in extinguishing the fire, to the extent of about $2200 as the defendant claimed by his statement of the loss, furnished to the insurers according to the terms of the policy. The bill alleged that the complainants verily believed that…
1Opinion of the Court
The Chancellor.
I have not been able to find any precedent for a bill of this kind, and I am not aware of any principle upon which it can be sustained. It is in effect an application to restrain the defendant from removing or disposing of his stock in trade, or that part of it which has been saved from the fire, until the determination of a chancery suit, and after a decree shall have been obtained therein to compel him to furnish the insurers with an opportunity of examining the goods saved, to obtain testimomony to contradict the defendant’s statement, and proof of loss. This would indeed be…
2Cited by1 opinion
- Atlantic Insurance v. LunarNew York Court of Chancery · 1843