Bridgeport Fire & Marine Insurance v. Wilson
New York Court of Appeals
This action is upon a bond of indemnity given to the plaintiffs by the defendants, under the following circumstances : In March, 1855, the plaintiffs, a Connecticut insurance company, insured Wage and Scott, of Buffalo, $1,000 on their stock of goods for one year. In May, the goods were' damaged by fire, and Wage and Scott claimed a loss of 850 dollars. The plaintiffs admitted a loss of $603.45, and were ready to pay that sum on the 16th July, when it became payable.
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This action is upon a bond of indemnity given to the plaintiffs by the defendants, under the following circumstances : In March, 1855, the plaintiffs, a Connecticut insurance company, insured Wage and Scott, of Buffalo, $1,000 on their stock of goods for one year. In May, the goods were' damaged by fire, and Wage and Scott claimed a loss of 850 dollars. The plaintiffs admitted a loss of $603.45, and were ready to pay that sum on the 16th July, when it became payable. On the 18th July, Wilson, Goll & Co., a firm composed of three of the defendants, brought a suit in Connecticut, by foreign…
1Opinion of the CourtSmith, J.
It is clear, from the terms of the bond, and the circumstances attending its execution, that, by that instrument, the defendants covenanted to indemnify the plaintiffs against the claim of Wage and Scott, and all suits to enforce it. The fair construction of their bond is, to indemnify the plaintiffs and save them harmless from “ all loss, cost and damages,” by reason of their paying over to the defendants the sum of $603.45, which the plaintiffs admitted to be owing to Wage and Scott upon their claim against the plaintiffs, and which the defendants, as creditors of Wage and Scott, had…
2Cases cited3 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Thomas v. . HubbellNew York Court of Appeals · 1857
- Westervelt v. SmithThe Superior Court of New York City · 1852
3Cited by44 opinions
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Conner v. . ReevesNew York Court of Appeals · 1886
- Feuer v. Menkes Feuer, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- Sears, Roebuck & Co. v. 9 Avenue-31 Street Corp.New York Court of Appeals · 1937
- Konitzky v. . MeyerNew York Court of Appeals · 1872
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