Driggs v. Albany Insurance
New York Supreme Court
This was an action upon a policy of insurance against loss or damage by fire. The defendants, by policy Ho. 19,259, dated September 19, 1838, insured Stryker & Foster “ $800 on their interest (J) in a three story frame grist-milland “ $800 on their interest as aforesaid, on the machinery contained therein.” By the conditions annexed to the policy, “ insurances once made may he continued on payment of the premiums, and a receipt given for the same.”
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This was an action upon a policy of insurance against loss or damage by fire. The defendants, by policy Ho. 19,259, dated September 19, 1838, insured Stryker & Foster “ $800 on their interest (J) in a three story frame grist-milland “ $800 on their interest as aforesaid, on the machinery contained therein.” By the conditions annexed to the policy, “ insurances once made may he continued on payment of the premiums, and a receipt given for the same.” By subsequent change in the ownership, and renewal receipts of policy, the insurance under the same policy became for $2500, viz. $1800 on mill…
1Opinion of the Court
By the Court, Gridley, P. J.
The decision of this cause at the circuit turned mainly on the construction given to the policy on which the suit was brought, as modified by the renewals that had from year to year been made on it. The original policy was executed in 1838, to Messrs. Stryker & Foster of Rome, on an undivided half of the mill in question—distributing the risk as follows: $800 on the frame grist-mill; $800 on the machinery therein; and $300 on a dwelling house on the premises. In 1840 the Messrs. Tibbits became the owners of the entire mill, and on the 25th day of May, of that year,…
2Cases cited1 opinion
- Dow v. Hope InsuranceThe Superior Court of New York City · 1828
3Cited by3 opinions
- Sheppard v. Peabody Ins.West Virginia Supreme Court · 1883
- Bigler v. New York Central InsuranceNew York Supreme Court · 1855
- St. Nicholas Insurance v. Merchants' Mutual Fire & Marine InsuranceNew York Supreme Court · 1877