Legal Opinion

Laurent v. Chatham Fire Insurance

The Superior Court of New York City

Decided August 15, 1828PublishedCited by 9 opinions

This was an action of assumpsit on a policy of insurance against fire, upon a certain building in the City of New-York, upon which the defendants had underwritten to the amount of eight hundred dollars.

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This was an action of assumpsit on a policy of insurance against fire, upon a certain building in the City of New-York, upon which the defendants had underwritten to the amount of eight hundred dollars. The defendants pleaded the general issue ; and the cause was tried before Mr. Justice Hoffman on the 11th day of July, 1828. At the trial the execution of the policy, and the delivery of the preliminary proofs to the defendants, on the 26th day of September, 1827, were severally admitted, and the plaintiff then proved that the premises insured were destroyed by fire on the 15th day of August…

1Opinion of the CourtJones, Chief Justice

This was an action, upon a policy of insurance in the usual form, against loss and damage by fire.

The policy and preliminary proofs were admitted, audit was proved that the building covered by the policy was destroyed by fire, within the term for which the same was insured, and the question turned upon the amount which the assured was entitled to recover.

It appeared in evidence that the building stood upon a lot of ground in the City of New-York, which belonged to J. R. Livingston, who had leased the same to the "plaintiff fora term, which expired on the first day of September 1827, and that…

2Cited by9 opinions

  1. Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
  2. Michels v. Western Underwriters' Ass'nMichigan Supreme Court · 1902
  3. Federowicz v. Potomac InsuranceAppellate Division of the Supreme Court of the State of New York · 1959
  4. Macarty v. Commercial InsuranceSupreme Court of Louisiana · 1841
  5. Commonwealth Insurance v. Sennett, Barr & Co.Supreme Court of Pennsylvania · 1860

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