Brink v. New Amsterdam Fire Insurance
The Superior Court of New York City
This was an action to recover the amount of damage by fire to merchandise in a warehouse in New York, either the property of the plaintiffs, or held by them in trust or on commission, or not delivered by them, although sold.
Read the full summary
This was an action to recover the amount of damage by fire to merchandise in a warehouse in New York, either the property of the plaintiffs, or held by them in trust or on commission, or not delivered by them, although sold. It was brought on a policy of insurance executed by the defendants, whereby they agreed to insure “Brink & Mehlen” against loss of such merchandise by fire for three months, (from April 15, 1865, to July 15, following,) and to make good such loss, not exceeding $12,000, to be estimated on the cash value of such goods, and pay the same within sixty days after notice of…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The sole, question which I deem necessary to consider in this case is, the propriety of the exclusion of the appointment of two appraisers of the extent of the loss of the plaintiffs, by the damage to their cigars by the fire mentioned in the pleadings, their appointment of a third, and the appraisal by the three. This was undoubtedly based entirely upon the failure of one of the plaintiffs to sign such appointment, and the idea that so unsigned it was void because they were partners.
I cannot perceive that the fact of such partnership was so clearly made out as…
2Cases cited8 opinions
- In re JohnNew York Supreme Court · 1839
- Mackay v. BloodgoodNew York Supreme Court · 1812
- Elmendorf v. HarrisNew York Supreme Court · 1830
- Bulson v. . LohnesNew York Court of Appeals · 1864
- Munro v. AlaireNew York Supreme Court · 1805
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Morgan v. NyeSupreme Court of Louisiana · 1859
- Scollay v. DunnMassachusetts Supreme Judicial Court · 1763