Rosenwald v. Phenix Ins.
New York Supreme Court
Appeal fronj'circuit court, New York county. Two actions by Edward Rosen wald, Isaac Rosen wald, Henry Rosen wald, and Sigmund Rosenwald against the Phenix Insurance Company on two Are insurance policios. The causes were consolidated, and tried by the court in lieu of a jury, judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtBrady, J.
This action was brought upon two policies of insurance. The property insured was Wisconsin leaf tobacco of the grade of 1884, and was in two warehouses in Stoughton, Wis. It was, on the 5th of July, 1885, totally destroyed by Are. The policy provided that the loss should be estimated at the full cash value at the time of its destruction. It should be noted here that the ownership, the quantity, and the value of the tobacco, its destruction by Are, and the service of the proofs of loss, were not contested by the defendant. After the Are the adjusters, on behalf of the defendants and other…
2Cases cited3 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Rann v. . Home Insurance Co.New York Court of Appeals · 1874
3Cited by8 opinions
- Lang v. Eagle Fire Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Stout v. Phoenix Assurance Co. of LondonNew Jersey Court of Chancery · 1904
- Littrell v. Allemania Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1928
- Zimeriski v. Ohio Farmers' InsuranceMichigan Supreme Court · 1892
- Littrell v. Allemannia Fire Insurance Co. of PittsburghAppellate Division of the Supreme Court of the State of New York · 1928
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