Phelps v. Gebhard Fire Insurance
The Superior Court of New York City
The plaintiff brought this action upon a policy of fire insurance and successive renewals thereof issued by the defendants. By the original policy, which was issued to the plaintiff’s testator, in his lifetime, the defendants insured him “ against loss or damage by fire, to the amount of one thousand dollars, viz.: $500 on his frame dwelling house, and $500 on his frame barn, situate about two and a half miles distant from the town of Dover, Morris county, Sew Jersey.”
Read the full summary
The plaintiff brought this action upon a policy of fire insurance and successive renewals thereof issued by the defendants. By the original policy, which was issued to the plaintiff’s testator, in his lifetime, the defendants insured him “ against loss or damage by fire, to the amount of one thousand dollars, viz.: $500 on his frame dwelling house, and $500 on his frame barn, situate about two and a half miles distant from the town of Dover, Morris county, Sew Jersey.” And the company thereby agreed “to make good unto the said insured, Ms executors, administrators and assigns, all such loss…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
At the date of the policy (December 4,1857,) the assured resided in the City of Hew York. The policy does not so state, nor is the fact directly proved. He died on the 18th of May, *4091858, having left a last will and testament, which was duly proved before the Surrogate of the County of Kew York, and letters testamentary were issued thereon to the execu-. trix and executor therein named, July 30th, 1858. The plaintiff and John L. Mason, (since deceased,) qualified as executrix and executor. The fact of the residence of all these parties in the City of Hew York…
2Cases cited1 opinion
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by3 opinions
- Sheppard v. Peabody Ins.West Virginia Supreme Court · 1883
- Lappin v. Charter Oak Fire & Marine InsuranceNew York Supreme Court · 1870
- Kitts v. Massasoit InsuranceNew York Supreme Court · 1867