Levy v. Brooklyn Fire Insurance
New York Supreme Court
This is an action on a policy of insurance against fire, tried at the New-York circuit in March, 1841, before the lion. Philo Gridley, one of the circuit judges. It appeared from the inventory of the plaintiff that the loss sustained by him was in furniture and glass-ware—some of the property being totally destroyed, and another portion of it being partially damaged. The judge suggested that the cause had better be referred.
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This is an action on a policy of insurance against fire, tried at the New-York circuit in March, 1841, before the lion. Philo Gridley, one of the circuit judges. It appeared from the inventory of the plaintiff that the loss sustained by him was in furniture and glass-ware—some of the property being totally destroyed, and another portion of it being partially damaged. The judge suggested that the cause had better be referred. On which, an officer of the insurance company made an affidavit that the trial of the cause would require an examination of the plaintiff’s inventory, as well in respect…
1Opinion of the Court
The Chief Justice
said, that without attempting to lay down any general rule as to the reference of actions on policies of insurance, he was of opinion that in a case involving such serious charges as were here brought against the plaintiff, a party was entitled to the benefit of a trial before a court and jury, and that therefore he would direct the order for reference to be vacated.
Ordered accordingly.*
See 6 Wendell, 503: 19 Id. 22 and 110; and 1 Hall’s R. 560.
2Cases cited1 opinion
- Tmomas v. ReabNew York Supreme Court · 1830
3Cited by5 opinions
- Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869
- Freeman v. Atlantic Mutual InsuranceNew York Supreme Court · 1861
- McLean v. East River InsuranceThe Superior Court of New York City · 1861
- Brink v. Republic Fire InsuranceNew York Supreme Court · 1874
- Terry v. HunterNew York Supreme Court · 1848