Foley v. Manufacturers & Builders' Fire Insurance
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered Hovember 30, 1894, which affirmed a judgment in favor of plaintiffs entered upon a verdict. This action was brought by plaintiffs upon a policy of insurance, to recover damages alleged to have been caused by fire to three dwelling houses in process of construction for them. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered Hovember 30, 1894, which affirmed a judgment in favor of plaintiffs entered upon a verdict. This action was brought by plaintiffs upon a policy of insurance, to recover damages alleged to have been caused by fire to three dwelling houses in process of construction for them. The facts, so far as material, are stated in the opinion. Plaintiffs were only entitled to recover of defendant one-half of the damages caused to the foundations, etc., constructed by themselves, plus at the utmost…
1Opinion of the Court
Andrews, Ch. J.
The sole question in this case is whether the plaintiffs had an insurable interest equal to the full value of the incomplete buildings in course of construction on their lot when the fire occurred. It is the contention on the part of the defendant that, as the houses were being constructed under a contract by'which the contractors were to furnish the materials and build the houses (above the foundations), and to complete them by a time specified, which had not expired at the time of the fire, for a specified sum to be paid within ten days after their completion, the plaintiffs…
2Cases cited3 opinions
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- International Trust Co. v. BoardmanMassachusetts Supreme Judicial Court · 1889
- Clover v. . Greenwich Ins. Co.New York Court of Appeals · 1886
3Cited by42 opinions
- Dubin Paper Co. v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1948
- Hughes v. Potomac InsuranceCalifornia Court of Appeal · 1962
- New England Gas & Electric Ass'n v. Ocean Accident & Guarantee Corp.Massachusetts Supreme Judicial Court · 1953
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Citizens Insurance Company of New Jersey, a Corporation v. Foxbilt, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1955
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