Kunzze v. . the American Ex. Fire Ins. Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of New York, affirming a judgment for plaintiff at circuit. The plaintiff effected an insurance, with the defendant, on certain personal property, in a dwelling-house and store, at Tompkinsville, in Richmond county, against loss and damage by fire, under a policy dated the 1st day of May, 1862, for one year from that date.
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Appeal from a judgment of the General Term of the Superior Court of New York, affirming a judgment for plaintiff at circuit. The plaintiff effected an insurance, with the defendant, on certain personal property, in a dwelling-house and store, at Tompkinsville, in Richmond county, against loss and damage by fire, under a policy dated the 1st day of May, 1862, for one year from that date. A portion of the property insured, while in the said premises, was destroyed by fire, on the 24th day of March, 1863, and this action was brought in the Superior Court of New York to recover the amount of the…
1Opinion of the CourtLott, J.
The only question presented on this appeal is,
whether the court on the trial erred in withdrawing the defence that the policy was transferred to another building from the consideration of the jury. It appears by the proof, that the plaintiff was, a few days before the fire, preparing to remove the property covered by the policy, or the principal part thereof, from the house and store at Tompkinsville to the building at Stapleton, referred to in the answer; and he states that he asked one Diedrick, through whom the insurance was originally effected, on the Saturday previous to the fire,…
2Cited by2 opinions
- A. Perley Fitch Co. v. Phoenix InsuranceSupreme Court of New Hampshire · 1926
- Allen v. Lafayette InsuranceSupreme Court of Louisiana · 1882