Pentz v. Receivers of the Ætna Fire Insurance
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit. The appellants presented a petition to the vice chancellor stating that they insured in the office of The iEtna Fire Insurance Company, in 1835, $12,000 upon their two stores and $10,000 on the goods therein j that the stores and goods were destroyed by the great fire in New-York, in December of that year, by which they sustained a loss upon the store houses of $30,347,99, and upon the goods…
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This was an appeal from a decision of the vice chancellor of the first circuit. The appellants presented a petition to the vice chancellor stating that they insured in the office of The iEtna Fire Insurance Company, in 1835, $12,000 upon their two stores and $10,000 on the goods therein j that the stores and goods were destroyed by the great fire in New-York, in December of that year, by which they sustained a loss upon the store houses of $30,347,99, and upon the goods therein of $18,537,82 ; that the stores having been blown up by order of the mayor, a jury was empanelled to assess the…
1Opinion of the Court
The Chancellor.
I think the vice chancellor erred in supposing the verdict of the jury upon the assessment was conclusive evidence, between these parties, as to the actual amount of the loss which the petitioners had sustained. As between the petitioners and the city corporation it was conclusive. And as the insurance company could have no claim against the city of New-York except through the petitioners, and as being subrogated to their rights, it would be conclusive as between the corporation and that company. But the decision of the supreme court in the case of The City Fire Insurance Co.…
2Cases cited1 opinion
- City Fire Insurance v. CorliesNew York Supreme Court · 1839
3Cited by8 opinions
- The St. JohnsDistrict Court, S.D. New York · 1900
- Case v. Hartford Fire InsuranceIllinois Supreme Court · 1852
- Costello v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1924
- Liverpool & London & Globe Insurance v. MacfarlaneHawaii Supreme Court · 1902
- Dunham v. New England Mut. Ins.District Court, D. Massachusetts · 1868
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