Murdock & Garratt v. Chenango Co. Mutual Insurance
New York Court of Appeals
Appeal from the supreme court, where Murdock and Garratt sued the Chenango County Mutual Insurance Company upon a fire policy, dated December 17, 1839. The property insured was a grist mill, and the amount of risk $3000, to continue five years.
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Appeal from the supreme court, where Murdock and Garratt sued the Chenango County Mutual Insurance Company upon a fire policy, dated December 17, 1839. The property insured was a grist mill, and the amount of risk $3000, to continue five years. At the trial, before Edmonds, circuit judge, in August, 1845, it was admitted that the mill was wholly destroyed by fire on the 26th of October, 1842. On production of the policy, it appeared that the same was on half of an entire sheet of paper, and that on the other half there was a printed statement commencing thus—“ Conditions of Insurance”—but no…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It has long been settled that upon a policy against loss by fire, no recovery can be had unless the insured has an interest in the subject insured at the time of the loss; the contract is regarded as…
2Cases cited1 opinion
- Howard v. Albany InsuranceNew York Supreme Court · 1846
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