Wood v. . the North Western Ins. Co.
New York Court of Appeals
Arpead from a judgment of the General Term of the seventh judicial district, affirming a judgment entered in Wayne county in favor of plaintiff upon the report of a referee.
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Arpead from a judgment of the General Term of the seventh judicial district, affirming a judgment entered in Wayne county in favor of plaintiff upon the report of a referee. The action was brought to recover- $1,500 on a policy of insurance, of which $750 was on a frame building occupied as a woolen factory, and $750 on the machinery in it, burned at Red Creek, Wayne county, New York, on the 29th of November, 1866. On the 1st day of January, 1862, the plaintiff made and executed a contract in writing, for the sale of said premises and machinery to one George Campbell, by the terms of which…
1Opinion of the CourtPolgee, J.
It appears by the findings of the referee, that Campbell, the vendee of the property insured, by the contract of sale, agreed to pay the expense of insuring the factory and saw-mill; that the plaintiff did insure the property, and pay the premiums therefor, and charge the same to Campbell ; and that by so much was lessened the amount paid by him on the purchase-price. It appears from the testimony, that though Campbell did not know of this, yet that his brother, who acted for him with the plaintiff in adjusting, from time to time the payments and indorsing them on the contract, did settle the…
2Cases cited4 opinions
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
- Burt v. . DutcherNew York Court of Appeals · 1866
- Benjamin v. . the Saratoga County Mutual Fire Ins. Co.New York Court of Appeals · 1858
- Tallman v. Atlantic Fire & Marine InsuranceNew York Court of Appeals · 1866
3Cited by16 opinions
- Moore v. Manufacturers' National Bank of TroyNew York Court of Appeals · 1890
- Jamieson v. Indiana Natural Gas & Oil Co.Indiana Supreme Court · 1891
- Greene v. StateSupreme Court of Arkansas · 1998
- Peterson v. Standard Oil Co.Oregon Supreme Court · 1910
- Fields v. Western Millers Mutual Fire Insurance Co.New York Court of Appeals · 1943
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