Legal Opinion

Allen v. Franklin Fire Insurance

New York Supreme Court

Decided February 15, 1854PublishedCited by 2 opinions

Present, Wright, Harris, and Watson, Justices. Appeal from judgment on report of referee. The defendants, by a policy of insurance, bearing date the 21st of April, 1851, agreed to insure Fellows, Corps & Co. against loss or damage by fire, to the amount of $1,000, on certain machinery and fixtures in the city of Troy. On the 5th of July, the property insured was destroyed. Notice and proof of the loss were duly given.

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Present, Wright, Harris, and Watson, Justices. Appeal from judgment on report of referee. The defendants, by a policy of insurance, bearing date the 21st of April, 1851, agreed to insure Fellows, Corps & Co. against loss or damage by fire, to the amount of $1,000, on certain machinery and fixtures in the city of Troy. On the 5th of July, the property insured was destroyed. Notice and proof of the loss were duly given. On the 18th of August following, Fellows, Corps & Co. made a general assignment of their property and effects to the plaintiffs for the benefit of creditors. This action was…

1Opinion of the Court

By the court. Harris, Justice.

It is insisted that the decision of the referee in allowing the witness, Fellows, to be examined, was doubly erroneous: first, because the suit was prosecuted for his immediate benefit; and, second, because, though otherwise competent, the defendants were entitled to •notice that he would be examined upon the trial. Both grounds of objection are sustained by authority. In Fitch agt. Bates, (11 Barb. 471,) where an insolvent debtor had assigned his property in trust for his creditors, it was held that the assignor *503was not a competent witness in a suit by the…

2Cases cited2 opinions

  1. Catlin v. HansenThe Superior Court of New York City · 1852
  2. Fitch v. BatesNew York Supreme Court · 1851

3Cited by2 opinions

  1. Hammel v. Queen's InsuranceWisconsin Supreme Court · 1882
  2. Krum v. BeardSupreme Court of Missouri · 1862

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