Unger v. People's Fire Insurance
New York Court of Common Pleas
Appeals from judgments of this court entered in favor of the plaintiffs, January 21, 1871, against the People’s Insurance Company, for $2,646 76; the New Amsterdam Company, for $3,114 61. The judgments were entered upon the report of referees. Each action was referred to three referees, one, a lawyer, was appointed by the court, and one chosen by the defendants and one by the plaintiffs.
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Appeals from judgments of this court entered in favor of the plaintiffs, January 21, 1871, against the People’s Insurance Company, for $2,646 76; the New Amsterdam Company, for $3,114 61. The judgments were entered upon the report of referees. Each action was referred to three referees, one, a lawyer, was appointed by the court, and one chosen by the defendants and one by the plaintiffs. The property insured was contained in the building 503 and 505 Broadway, in this city, and consisted of a stock of ribbons, fringes, &c., &c. The policy of the People’s Company was $2,500, .that of the New…
1Opinion of the Court
By the Court.*—Joseph F. Daly, J.
—The plaintiffs were their own chief witnesses to prove their loss. They swore it up to the sum of $9,989 03 for goods totally destroyed (exclusive of damage to goods partially destroyed, which had been by arbitration fixed before the judgment at $2,60015). The referees *98found the value of the goods totally destroyed at $6,500. The fact that the plaintiffs in their preliminary proofs, and in their testimony on the trial, swore that their loss was about $3,489 03 more than the referees found it to be, is not even presumptive evidence of false swearing or of…
2Cases cited1 opinion
- Wolf v. Goodhue Fire InsuranceNew York Supreme Court · 1864
3Cited by3 opinions
- Adler v. Germania Fire InsuranceAppellate Terms of the Supreme Court of New York · 1896
- Davis v. Guardian Assur. Co.New York Supreme Court · 1895
- Gibbs v. Continental InsuranceNew York Supreme Court · 1878