Pentz v. Receivers of Ætna Fire Insurance
New York Court of Chancery
A petition had been presented by William A. F. Pentz, Frederick Pentz and John Pentz against the receivers of the vElna Fire Insurance Company of New-York.
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A petition had been presented by William A. F. Pentz, Frederick Pentz and John Pentz against the receivers of the vElna Fire Insurance Company of New-York. By this petilion it appeared that the petitioners had effected an insurance, in the name of their firm of Pentz & Co., with the said Com-par.y, to the amount of twelve thousand dollars on stores Nos. 55 and 57 Water street in the city of New-York ; and also, an insurance on their merchandize and other articles contained therein to the amount of ten thousand dollars. The stores and the merchandize were destroyed by the great fire, which…
1Opinion of the Court
The Vice-Chancellor :
In making the order, directing the receivers either to adjust the loss claimed by the petitioners and give them a certificate or to proceed and appoint referees according to the statute, the court did not intend to pass *343upon the rights of the parties ; but only to put those rights in a train for adjudication upon the coming in of a report of referees, when the question, whether the petitioners were to be admitted as creditors of the fund in the hands of the receivers and if so for what amount, could be properly presented. That question is now before the court.
It is…
2Cases cited2 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- City Fire Insurance v. CorliesNew York Supreme Court · 1839
3Cited by2 opinions
- Jones v. DuerkAppellate Division of the Supreme Court of the State of New York · 1898
- Liverpool & London & Globe Insurance v. MacfarlaneHawaii Supreme Court · 1902