Legal Opinion

Fowler v. Ætna Fire Insurance Co.

New York Supreme Court

Decided February 15, 1827PublishedCited by 18 opinions

Assumpsit, on a policy of insurance against fire ; tried at the New-York circuit, July 6th, 1826, before Edwards, C T„ A „„ C. Judge. The plaintiffs, at the trial, proved a policy executed by , , , , . .~. the deiendants, on the stock in trade ol the plaintiffs, consisting of, &c. contained in a two story frame house, filled in with brick, situate at No. 152, Chatham street, in the city of New-York.

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Assumpsit, on a policy of insurance against fire ; tried at the New-York circuit, July 6th, 1826, before Edwards, C T„ A „„ C. Judge. The plaintiffs, at the trial, proved a policy executed by , , , , . .~. the deiendants, on the stock in trade ol the plaintiffs, consisting of, &c. contained in a two story frame house, filled in with brick, situate at No. 152, Chatham street, in the city of New-York. It appeared that the house No. 152, Chatham street, was burred, with the plaintiffs’stock in trade : but that the house was a wooden building, ivith u hollow walls, and not filled in with brick.…

1Opinion of the Court

Curia, per

Savage, Ch. J.

As to the evidence of character, it was said by this court, in Ruan v. Perry, (3 Caines, 120,) “ that in actions of tort, and especially charging a defendant with gross depravity and fraud, upon circumstances merely, evidence of uniform integrity and good character, is oftentimes the only testimony which a defendant can oppose to suspicious circumstances.” The rule in England is this : “ that in a direct prosecution for a crime, such evidence is admissible ; but when the prosecution is not directly for the crime, but for the penalty, it is not.” (Attorney General v.…

2Cases cited3 opinions

  1. Seixas v. WoodsNew York Supreme Court · 1804
  2. Ruan v. PerryNew York Supreme Court · 1805
  3. Gracie v. New-York InsuranceNew York Supreme Court · 1811

3Cited by18 opinions

  1. Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
  2. Horton v. TyreeWest Virginia Supreme Court · 1927
  3. Noonan v. . LutherNew York Court of Appeals · 1912
  4. Fahey v. CrottyMichigan Supreme Court · 1886
  5. McKane v. . HowardNew York Court of Appeals · 1911

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