Charles St. John v. American Mutual F. & M. Insurance
The Superior Court of New York City
Appeal by the defendants from a judgment in favor of the plaintiffs for $2,280 82 damages and costs. The action was on a, policy of insurance against fire, and was tried before the Ohief Justice and a jury in June, 1851. It appeared by the policy produced on the trial, that the defendants -insured the plaintiffs to the amount of $2000, “ against loss or damage by fire, on their machinery and fixtures, including shafting and fixtures for communicating power contained in the…
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Appeal by the defendants from a judgment in favor of the plaintiffs for $2,280 82 damages and costs. The action was on a, policy of insurance against fire, and was tried before the Ohief Justice and a jury in June, 1851. It appeared by the policy produced on the trial, that the defendants -insured the plaintiffs to the amount of $2000, “ against loss or damage by fire, on their machinery and fixtures, including shafting and fixtures for communicating power contained in the brick building, Nos. 5 & 7 Hague street, city of New York, occupied for mechanical purposes, and also on lathes and tools…
1Opinion of the CourtBy the Court. Bosworth, J.
The defendant, by the policy of insurance on which this action is brought, agreed to make good unto the plaintiffs all such immediate loss or damage, as should happen by lire, on their machinery and fixtures in the brick building, situate Eos. 5 & 7 Hague street, in the city of Hew York.
The policy (in the body of it) provides that the company shall not be liable for any loss or damage by fire, which may happen or take place by means of any invasion, insurrection, riot, or civil commotion, or of any military, or usurped power.
Certain conditions were annexed to and made part of the policy, by…
2Cases cited1 opinion
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
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- Evans v. . the Columbian Insurance CompanyNew York Court of Appeals · 1870
- O'Brien v. Commercial Fire InsuranceThe Superior Court of New York City · 1875