Beals v. . the Home Insurance Co.
New York Court of Appeals
This is an appeal by the Plaintiff from a judgment of the Supreme Court in the Seventh District, entered in favor of the Defendant, upon a nonsuit, granted at the Ontario Circuit, in February, 1861. The action was upon a policy of insurance, made by the Defendants, March 3, 1858, by which they insured the Plaintiff’s testator, Thomas Beals, against “ loss or damage by fire to the amount of $4,000, on his brick Franklin House Block, occupied for stores and hotel purposes, and…
Read the full summary
This is an appeal by the Plaintiff from a judgment of the Supreme Court in the Seventh District, entered in favor of the Defendant, upon a nonsuit, granted at the Ontario Circuit, in February, 1861. The action was upon a policy of insurance, made by the Defendants, March 3, 1858, by which they insured the Plaintiff’s testator, Thomas Beals, against “ loss or damage by fire to the amount of $4,000, on his brick Franklin House Block, occupied for stores and hotel purposes, and situate on the corner of Main and Coach streets, in the village of Canandaigua, N. Y., and described in application No.…
1Opinion of the CourtHunt, J.
The motion to nonsuit the Plaintiff was based upon several grounds. Grave questions are presented, upon many positions urged by the parties. I shall consider one only, which in my view of it is sufficient to decide the case.
The action wTas upon a policy of insurance to the amount of $4,000 upon the Plaintiff’s “brick Franklin House Block, in the village of Canandaigua. ” By the terms of the policy, the Defendants undertook “ to make good to the insured ” his loss to the amount mentioned. By another clause, it was agreed that “ the loss or damage was to be estimated according to the true and…
2Cases cited1 opinion
- Morrell v. . Irving Fire Insurance Co.New York Court of Appeals · 1865
3Cited by26 opinions
- Fire Ass'n v. RosenthalSupreme Court of Pennsylvania · 1885
- First Citizens Bank & Trust Co. v. SpeakerNew York Supreme Court · 1936
- Tally v. BrownSupreme Court of Iowa · 1910
- Williams v. Farm Bureau Mutual Insurance Co. of MissouriMissouri Court of Appeals · 1957
- Wynkoop v. . Niagara Fire Ins. Co.New York Court of Appeals · 1883
21 more not listed; retrieve them via the Exa API.