Fairchild v. Liverpool & London Fire & Life Insurance
Commission of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment entered npon an order at the circuit, dismissing the complaint and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment entered npon an order at the circuit, dismissing the complaint and affirming an order denying a motion for a new trial. (Reported below, 48 Barb., 420.) The action was upon a policy of insurance against loss by fire issued by the defendant, by which the plaintiffs, who composed the mercantile firm of Fairchild & Fanshaw, in the city of Hew York, were insured in the sum of $20,000 on “ merchandise hazardous, not hazardous and extra hazardous, owned or held by them in trust or on…
1Opinion of the Court
Earl, C.
The sole question to be determined in this case is whether the policy sued on covered any interest affected by the- fire. If it did, then the defendant is bound to contri bute to the loss; if it did not, then it is exempt from lia hility. This question depends upon the construction of the policy, and in its solution, as we cannot have the aid and guidance of any prior adjudications (as none have been found bearing upon the. question), we must seek for the intention of the parties, making use of the rules and canons of construction and interpretation which have been recognized by the…
2Cited by15 opinions
- Gottesman v. Aetna InsuranceSupreme Court of Connecticut · 1979
- Gillies v. Michigan Millers Mutual Fire InsuranceCalifornia Court of Appeal · 1950
- Klotz Tailoring Co. v. Eastern Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1907
- Public Service Mutual Insurance v. Fireman's Fund American InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- Gordon v. Franklin Fire Insurance Co. of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1941
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