Hoffman v. Ætna Fire Insurance
The Superior Court of New York City
Appeal by the defendants from a judgment on a verdict recovered by the plaintiffs. The action was brought by George Hoffman and William Place to recover on a policy of fire insurance issued by the defendants. The policy was issued in February, 1861, to the firm of Hoffman, Place & Co., a partnership then existing, composed of the plaintiffs and one Silvernail.
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Appeal by the defendants from a judgment on a verdict recovered by the plaintiffs. The action was brought by George Hoffman and William Place to recover on a policy of fire insurance issued by the defendants. The policy was issued in February, 1861, to the firm of Hoffman, Place & Co., a partnership then existing, composed of the plaintiffs and one Silvernail. The latter withdrew from the business in March, 1862, and then released his interest in the partnership property to the plaintiff Hoffman, who, with Place, continued the business, which was that, of manufacturers of, and wholesale…
1Opinion of the Court
By the Court.*—Robertson, J.
The policy in this case declares the subject insured by it to be merchandise contained in a certain building, either “ Hoffman, Place & Co’s,” or held by them in trust or on commission, even if sold, provided it was not delivered. The defendants also by it agree to make good, not only to the insured (H., P. & Co.), but also to their executors, administrators, and assigns, any loss by fire to the property insured for a year. Another clause in the policy declares it to be null and void, if the property insured is sold or conveyed. This conflicts with the description…
2Cases cited18 opinions
- Howard v. Albany InsuranceNew York Supreme Court · 1846
- Masters v. Madison County Mutual InsuranceNew York Supreme Court · 1852
- Hooper v. . the Hudson River Fire Insurance CompanyNew York Court of Appeals · 1858
- Bumstead v. . the Dividend Mutual Insurance Co.New York Court of Appeals · 1854
- Jackson ex dem. Wuldon v. HarrisonNew York Supreme Court · 1819
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3Cited by1 opinion
- State v. BezettSupreme Court of Louisiana · 1925