Rogers v. Trader's Insurance
New York Court of Chancery
These cases came before the chancellor upon appeals from the decision of the vice chancellor of the third circuit. The bill in each case was filed to recover from the defendants, the insurance company, the one fourth of the amount. of a policy upon the steam-boat Alabama which was destroyed by fire; by which event the owners sustained a total loss.
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These cases came before the chancellor upon appeals from the decision of the vice chancellor of the third circuit. The bill in each case was filed to recover from the defendants, the insurance company, the one fourth of the amount. of a policy upon the steam-boat Alabama which was destroyed by fire; by which event the owners sustained a total loss. The facts in the two cases being the same, it was agreed by the counsel for the respective parties, upon the hearing before the vice chancellor, that both causes should be heard together; that the several allegations in the bills, and the defences…
1Opinion of the Court
The following is the opinion of the vice chancellor delivered in the case of the Howard Insurance Company, and which is applicable to both suits.
J. Vanderpoel, V. C.
The first objection is to the sufficiency of the preliminary proofs. The object of offering such proof is to furnish reasonable information to the insurer, so that he may be able to form some estimate of his rights and duties, before he is obliged to pay. It has always been liberally expounded, and is construed to require only the best evidence of the fact that the party possesses at the time. Was there any such proof offered here…
2Cases cited6 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Langdon v. BuelNew York Supreme Court · 1832
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Vos v. RobinsonNew York Supreme Court · 1812
- Dunham v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1818
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Girard Life Insurance, Annuity & Trust Co. v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1881
- Castner v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1881
- Hoagland v. Van EttenNebraska Supreme Court · 1888
- Home Insurance v. GwathmeySupreme Court of Virginia · 1887
18 more not listed; retrieve them via the Exa API.