Legal Opinion

Murdock & Garratt v. Chenango Co. Mutual Insurance

New York Court of Appeals

Decided May 5, 1849PublishedCited by 17 opinions

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

  1. Howard v. Albany InsuranceNew York Supreme Court · 1846

3Cited by17 opinions

  1. Automobile Underwriters, Inc. v. CampIndiana Supreme Court · 1940
  2. Cushman v. United States Life InsuranceNew York Court of Appeals · 1875
  3. Cowan v. Phenix InsuranceCalifornia Supreme Court · 1889
  4. Johnson v. Dakota Fire & Marine InsuranceNorth Dakota Supreme Court · 1890
  5. Brown v. State Automobile Insurance Assn.Supreme Court of Minnesota · 1944

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