Wilson v. . the Herkimer Co. Mutual Ins. Co.
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the eighth district, where a judgment upon a verdict in favor of the plaintiff had been affirmed.
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Appeal from the general term of the Supreme Court, in the eighth district, where a judgment upon a verdict in favor of the plaintiff had been affirmed. This was an action of assumpsit, upon a policy of insurance, whereby the defendants insured one Charles L. Mann against loss or damage by fire, to the amount of $2000, upon a stock of goods, in a store in Lockport, for the term of one year from the 25th November 1839. Mann sold the goods insured, and assigned the policy, to the plaintiff, with the assent of the defendants, on the 7th September 1840. The goods were destroyed by fire on the 26th…
1Opinion of the Court
*Foot, J.
— In this case, the terms of the inquiry respecting buildings within ten rods, are identical with those in the cases of Burritt v. Saratoga County Mutual Fire Insurance Co. (5 Hill 188) and Jennings v. Chenango County Mutual Insurance Co. (2 Denio 75), and the answer is deficient in the same particulars. The decisions in those cases are, consequently, direct authorities for this. They were reviewed at length by Jones, J., in delivering the opinion of this court, in the case of Gates v. Madison County Mutual Insurance Co. (2 N. Y. 48, 51), approved of, and the distinction clearly…
2Cases cited3 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Smith v. Empire InsuranceNew York Supreme Court · 1857
- Gates v. . the Madison County Mutual Insurance CompanyNew York Court of Appeals · 1848
3Cited by7 opinions
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- McGowan v. People's Mutual Fire Ins.Supreme Court of Vermont · 1881
- Young Men's Lyceum of Tarrytown v. National Ben Franklin Fire Insurance of PittsburghAppellate Division of the Supreme Court of the State of New York · 1917
- Throop v. North American Fire InsuranceMichigan Supreme Court · 1870
- Donley v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
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