Wolf v. Goodhue Fire Insurance
New York Supreme Court
ACTION upon a policy of insurance. On the 18th day of April, .1860, John Englehardt procured from the defendant a policy of insurance upon his stock of watches, clocks, jewelry and tools to the amount of §900, and upon his fixtures, show cases and furniture, to the' amount of $100. There was another policy upon the same goods, for $1000, issued at the same time by the Security Insurance Company.
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ACTION upon a policy of insurance. On the 18th day of April, .1860, John Englehardt procured from the defendant a policy of insurance upon his stock of watches, clocks, jewelry and tools to the amount of §900, and upon his fixtures, show cases and furniture, to the' amount of $100. There was another policy upon the same goods, for $1000, issued at the same time by the Security Insurance Company. On the 16th of Hay, 1860, Englehardt executed a bill of sale of the property insured, to Charles Stupp, who, on the same day, executed a bill of sale of the same to Hargaretta Englehardt the wife of…
1Opinion of the CourtJames C. Smith, J.
Atieran attentive consideration of this case, I am of opinion that the order for a new trial should be reversed. The order was made, as appears by the opinion contained in the printed case, upon the ground that the verdict is inconsistent with the belief of the jury in the honesty of the Engleharts, or the absence of fraud or perjury on their part, in the preparation of the preliminary proofs; or, in other words, as the verdict is for only $412.27, it shows conclusively, that the jury believed that the Engleharts fraudulently stated their loss at more than $3000, and therefore the verdict…
2Cases cited1 opinion
- McLaughlin v. Washington County Mutual InsuranceNew York Supreme Court · 1840
3Cited by30 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Dogge v. Northwestern National InsuranceWisconsin Supreme Court · 1880
- Heyman v. HeymanIllinois Supreme Court · 1904
- Wiesman v. American Insurance Co.Wisconsin Supreme Court · 1924
- Barker v. Cunard S. S. Co.New York Supreme Court · 1895
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