Teerpenning v. . the Corn Exchange Ins. Co.
New York Court of Appeals
Action on policy of insurance to recover loss by fire. The insurance was upon a stock of dry goods, groceries, provisions, hardware, boots, and generally upon such goods and merchandise as are kept in a country store. The policy was dated April 22d, 1864, and the loss was on the Ith day of August, the same year, and all the property insured was destroyed. The plaintiffs commenced business in April, 1863, and the business was carried on and managed by the plaintiff, Carney.
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Action on policy of insurance to recover loss by fire. The insurance was upon a stock of dry goods, groceries, provisions, hardware, boots, and generally upon such goods and merchandise as are kept in a country store. The policy was dated April 22d, 1864, and the loss was on the Ith day of August, the same year, and all the property insured was destroyed. The plaintiffs commenced business in April, 1863, and the business was carried on and managed by the plaintiff, Carney. The action was tried by a referee, and one of the questions contested was the amount and value of the property destroyed,…
1Opinion of the CourtAllen, J.
The questions put to the plaintiff, Teerpenning, when under examination as a witness, and objected to by the defendants, called for his opinion of the quantity as well as the value of the goods destroyed. It did not call for a description of the goods, or a statement of their quality or quantity, or any other fact which would enable the referee to form an opinion of their value. It did not even call for a statement of the value of the goods as a fact within the knowledge of the witness, but for the judgment or opinion of the witness, without weighing or measuring either value or quantity, and…
2Cases cited2 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Lamoure v. CarylNew York Supreme Court · 1847
3Cited by28 opinions
- Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
- Holsapple v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1881
- Avery v. New York Central & Hudson River R. R. Co.New York Court of Appeals · 1890
- Planters' Mutual Insurance v. RowlandCourt of Appeals of Maryland · 1886
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