Hobby v. Dana
New York Supreme Court
Motion to set aside a report of referees. A claim having been made by Hobby, as assignee of a policy of insurance, against Dana, as receiver of the Utica Insurance Company, an insolvent corporation, the controversy was under the provisions of the revised statutes, (2 R. S. 712, § 88, 4th ed.) referred to three referees to determine the same.
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Motion to set aside a report of referees. A claim having been made by Hobby, as assignee of a policy of insurance, against Dana, as receiver of the Utica Insurance Company, an insolvent corporation, the controversy was under the provisions of the revised statutes, (2 R. S. 712, § 88, 4th ed.) referred to three referees to determine the same. The referees found and reported the following facts: That on the 18th day of May, 1850, the Utica Insurance Company issued a policy of insurance to Jonas S. Seaman, of Utica, insuring him against loss or damage by fire to the amount of $600, on certain…
1Opinion of the Court
By the Court, Gridley, J.
This is a proceeding to review the report of referees appointed under the statute respecting claims against insolvent corporations. The claim itself was made on a policy of insurance executed to one Jonas S. Seaman, for the sum of six hundred dollars, on “his hay and grain, live stock, &c. carriages, &c. described in the application as situated in a barn on Oarnahan-street in the city of Utica, occupied by the applicant as a tavern barn.” By the terms of the policy, the loss or damage is to be paid only “ after due notice and proof thereof made by the insured in…
2Cases cited1 opinion
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
3Cited by4 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Peet v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1891
- Carroll v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
- Williams v. . People's Fire Insurance Co.New York Court of Appeals · 1874