Brink v. Republic Fire Insurance
New York Supreme Court
Appeal from an order denying a motion to vacate an order of reference. Actions were brought separately against four fire insurance companies, namely, the Republic, Hanover, Germania and Niagara, each upon the same pleadings, papers, etc., excepting the names of the respective defendants, to recover $15,000 ($3,750 each), the face of a policy of insurance against fire for that amount, made,by the underwriters’ agency of the city of New York, composed and underwritten by each…
Read the full summary
Appeal from an order denying a motion to vacate an order of reference. Actions were brought separately against four fire insurance companies, namely, the Republic, Hanover, Germania and Niagara, each upon the same pleadings, papers, etc., excepting the names of the respective defendants, to recover $15,000 ($3,750 each), the face of a policy of insurance against fire for that amount, made,by the underwriters’ agency of the city of New York, composed and underwritten by each of the defendants, and upon which each is liable for $3,750, one-fourth thereof, made in favor of Brink & Estes, a firm…
1Opinion of the CourtDaniels, J.
These actions were brought upon four policies of insurance, to recover the amount of a loss sustained by fire within the terms of the policies. The loss resulted from the partial destruction of a single stock of goods, and the items composing it consisted of at least fifty-one in number. They all, however, arose out of one single event, and together constituted but a single demand. It was a loss by fire which the assured was entitled to *552indemnity for, under the terms of the policies, and in no proper or legal sense constituted an account, as that term has been used in the statutes of this…
2Cases cited5 opinions
- Dudley v. . MayhewNew York Court of Appeals · 1849
- Tmomas v. ReabNew York Supreme Court · 1830
- Garcie v. SheldonNew York Supreme Court · 1848
- Samble v. Mechanics' Fire InsuranceThe Superior Court of New York City · 1829
- Levy v. Brooklyn Fire InsuranceNew York Supreme Court · 1841