Legal Opinion

Hotchkiss v. Germania Fire Insurance

New York Supreme Court

Decided June 15, 1875Published

Appeal from judgments in favor of the plaintiffs, entered on the report of a referee. The cases were all tried together before the same referee, • the questions of fact being the same in each case. • The plaintiffs were the owners of property known as the Clifton Hotel and Air Cure, and the furniture therein.

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Appeal from judgments in favor of the plaintiffs, entered on the report of a referee. The cases were all tried together before the same referee, • the questions of fact being the same in each case. • The plaintiffs were the owners of property known as the Clifton Hotel and Air Cure, and the furniture therein. The defendants issued policies of insurance upon this property and furniture to an amount of $71,000. On the night of the 3d or morning of the 4th of January, 1872, the property insured was destroyed by fire, with the exception of a few unimportant articles of furniture. It had snowed…

1Opinion of the Court

Mullin, P. J.:

The plaintiffs were the owners of a building at Clifton, in the county of Ontario, known as the Clifton Hotel and Air Cure. *92They insured it and the furniture, etc., therein, in different insurance companies to the amount of $71,000. On the night of the 3d or morning of the 4th of January, 1872, the building was set on fire and wholly destroyed, together with its contents. Action was brought against the companies issuing said policies, to recover their respective shares of the loss, and- they severally-defended as follows: All the companies deny a part of the allegations in the…

2Cases cited8 opinions

  1. Robb v. Hackley & WeltonNew York Supreme Court · 1840
  2. Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
  3. Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
  4. Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
  5. Sloan v. . the New York Central R.R. Co.New York Court of Appeals · 1871

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