Clinton v. . the Hope Insurance Company
New York Court of Appeals
Appeal from the judgment' of the General Term oí the Supreme Court, in the sixth judicial district, affirming the judgment rendered upon a verdict for the plaintiff. Becovery, $3,366.52. This action was brought upon a fire insurance policy, issued by the defendant on the 27th of February, 1865, in'suring the " estate of Daniel Boss ” for one year to the amount of $3,000 against all loss by fire on the Hew Berlin cotton mill and the fixed and movable machinery therein.
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Appeal from the judgment' of the General Term oí the Supreme Court, in the sixth judicial district, affirming the judgment rendered upon a verdict for the plaintiff. Becovery, $3,366.52. This action was brought upon a fire insurance policy, issued by the defendant on the 27th of February, 1865, in'suring the " estate of Daniel Boss ” for one year to the amount of $3,000 against all loss by fire on the Hew Berlin cotton mill and the fixed and movable machinery therein. The mill was destroyed by fire June 28th, 1865, and due proof of loss was furnished. The claim was assigned to the plaintiff.…
1Opinion of the CourtAndrews, J.
The contract of fire insurance is one of indemnity, and no recovery can be had upon it, unless the assured had, at the time of the insurance and of the loss, an interest in the insured property.
It is claimed by the defendant that the contract upon which this action is brought was made by the company with the administratrix of Daniel Eoss, and in respect to her interest in the insured property, and that no recovery can be had for the loss of the- mill mentioned in the policy, for the reason that the administratrix, as such, had no insurable interest therein.
If the premises upon which this…
2Cases cited5 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Herring v. . HoppockNew York Court of Appeals · 1857
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Shotwell v. Jefferson InsuranceThe Superior Court of New York City · 1859
3Cited by66 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
- In re the Estate of WeissmannNew York Surrogate's Court · 1930
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
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