Legal Opinion

Whitwell v. Putnam Fire Insurance

New York Supreme Court

Decided December 15, 1872PublishedCited by 5 opinions

This was a motion for a new trial, on exceptions ordered tó be heard in the first instance at the General Term. The plaintiff brought his action, as receiver, upon a policy of' insurance issued to one Andrew J. Easterly, by which the defendant insured Easterly $2,500 for one year, “ on a stock of liquors and spirits contained in the frame building now occupied by him as a rectifying establishment, in the village of Dresden, Tates county, $2,000; on his fixtures and materials…

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This was a motion for a new trial, on exceptions ordered tó be heard in the first instance at the General Term. The plaintiff brought his action, as receiver, upon a policy of' insurance issued to one Andrew J. Easterly, by which the defendant insured Easterly $2,500 for one year, “ on a stock of liquors and spirits contained in the frame building now occupied by him as a rectifying establishment, in the village of Dresden, Tates county, $2,000; on his fixtures and materials used in rectifying, $500.” The material facts are stated in the opinion.

1Opinion of the CourtMullin, P. J.

On the 22d day of June, 1869, A. J. Easterly procured a policy to be issued to him by the defendant, insuring him against loss by fire for one year upon his stock of liquors and spirits contained in a frame building then occupied by him as a rectifying establishment, in the village of *167Durham, to the amount of $2,000, and on his fixtures and materials used in rectifying, $500.

This policy contained, amongst other conditions, the following, viz.:

“ If the assured shall have, or shall hereafter make, any other insurance on the property hereby insured, without the consent of the company written…

2Cases cited7 opinions

  1. Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
  2. Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
  3. Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
  4. Benedict v. . Ocean Insurance CompanyNew York Court of Appeals · 1865
  5. Wilson v. Genesee Mutual InsuranceNew York Supreme Court · 1853

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Arkell v. Commerce InsuranceNew York Supreme Court · 1876
  2. Merserau v. . Ph&338nix Mutual Life Ins. Co.New York Court of Appeals · 1876
  3. Parker v. Arctic Fire InsuranceNew York Supreme Court · 1873
  4. Van Allen v. Farmers' Joint-Stock InsuranceNew York Supreme Court · 1877
  5. Whited v. Germania Fire InsuranceNew York Supreme Court · 1878

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