Legal Opinion

Lowell Manufacturing Co. v. Safeguard Fire Insurance

New York Court of Appeals

Decided April 11, 1882PublishedCited by 18 opinions

Appeal from judgment of the General Term of the Superior Court of the city of FTew York, entered upon an order made March 1, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.

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Appeal from judgment of the General Term of the Superior Court of the city of FTew York, entered upon an order made March 1, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was upon a policy of fire insurance issued by defendant, insuring plaintiff against “ loss or damage by fire, to the amount of $5,000, on carpets, their own or held by them in trust or on commission, or sold but not delivered,” contained in a building described, in the city of New York, which was the warehouse of George 0. Richardson & Co., commission ■merchants. The…

1Opinion of the CourtEasl, J.

At the time of the transactions out of which this litigation grew, George C. Bichardson & Co. were commission merchants carrying on a large business in the city of Mew York, having no merchandise of their own in their warehouse. Among their largest consignors were the Everitt mills, the Boot mills, the Lewiston mills, the Granite State mills and the Lowell Manufacturing Company, the plaintiff, all Mew England companies. The value of goods consigned for these companies respectively were, at the time in question, as follows:

For the Everitt mills........ $15,399 92

“ “ Boot mills..............…

2Cases cited4 opinions

  1. Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
  2. McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
  3. The Mutual Safety Ins. Co. v. . HoneNew York Court of Appeals · 1849
  4. Lee v. . AdsitNew York Court of Appeals · 1867

3Cited by18 opinions

  1. California Insurance v. Union Compress Co.Supreme Court of the United States · 1890
  2. Robinson v. MoseleySupreme Court of Alabama · 1890
  3. O'shea v. New York, C. & St. L. R. Co.Court of Appeals for the Seventh Circuit · 1901
  4. Sigua Iron Co. v. GreeneCourt of Appeals for the Second Circuit · 1898
  5. Dunn v. PriceCalifornia Supreme Court · 1896

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