Hastings v. . Westchester Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, in favor of plaintiffs, •entered upon a case submitted under sections 1279, 1280 and 1281 of the new Code.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, in favor of plaintiffs, •entered upon a case submitted under sections 1279, 1280 and 1281 of the new Code. (Reported below, 12 Hun, 416.) The facts stated in the submission are substantially as follows : The plaintiffs, as the surviving trustees and executors of the will of George Hastings, deceased, were on the 8th ■day of May, A. D. 1875, the owners of a bond and mortgage executed by Sarah C. Stout and Thomas H. Stout, her husband, for the sum of $14,000 ; the mortgage covering-premises in the…
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.] A contract of insurance stands upon precisely the same basis as any other agreement and, in accordance with a general rule, must be interpreted according to its purport in connection with the facts and circumstances which attend its execution. The main object should be to carry out and to give effect to the intention of the parties.…
2Cases cited6 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Excelisor F. Ins. Co. v. . R. Ins. Co. of Liverp'l.New York Court of Appeals · 1873
- Frink v. Hampden InsuranceNew York Supreme Court · 1865
- Wyman v. ProsserNew York Supreme Court · 1862
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3Cited by120 opinions
- Foremost Insurance v. Allstate InsuranceMichigan Supreme Court · 1992
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Eddy v. London Assurance Corp.New York Court of Appeals · 1894
- Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
- Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
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