Pechner v. Phœnix Insurance
New York Supreme Court
This action was brought to recover a loss arising under a policy of insurance issued by the defendant through its agency at Elmira, to D. Strauss & Co., on the 31st day of March, 1864. By its terms the defendant agreed to insure the assured against loss and damage by fire to the amount of $2,000,, on their stock of. goods contained in the building known as 157, on the south side of Water street in Elmira.
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This action was brought to recover a loss arising under a policy of insurance issued by the defendant through its agency at Elmira, to D. Strauss & Co., on the 31st day of March, 1864. By its terms the defendant agreed to insure the assured against loss and damage by fire to the amount of $2,000,, on their stock of. goods contained in the building known as 157, on the south side of Water street in Elmira. This policy contained the statement: “ Other insurances $2,000.” The insurance commenced at. the date of the policy, and extended to the 31st day of. March, 1865. The policy contained the…
1Opinion of the CourtDaniels, J.
The petition upon which the application was made for the removal of this action into the United States Circuit Court, stated that the suit was commenced by the service of a summons and complaint, on or about the first day of June, 1867. And it afterward avers that the plaintiff is a citizen of the State of Hew York. The petition is dated the eleventh, and it was sworn to on the twelfth day of June, in the year 1867. These averments did not show the plaintiff to have been a citizen on the day when the action was commenced; and that should have been shown to have been the fact to entitle the…
2Cases cited13 opinions
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- Boehen v. . Williamsburgh Insurance Co.New York Court of Appeals · 1866
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3Cited by3 opinions
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Hibernia Insurance v. MalevinskyCourt of Appeals of Texas · 1894
- Risley v. Indianapolis, Bloomington & Western RailroadNew York Supreme Court · 1874