Wall v. . the East River Mutual Insurance Co.
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a judgment entered upon a verdict in favor of the plaintiffs had been affirmed.
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Appeal from the general term of the Superior Court of the city of New York, where a judgment entered upon a verdict in favor of the plaintiffs had been affirmed. This was an action upon a policy of insurance, dated the 6th May 1843, whereby the defendants insured the plaintiffs against loss or damage by fire, to the amount of $2000, upon their stock as rope-manufacturers (their own or held by them in trust or on commission), contained in the brick building, with tin roof, “ occupied as a storehouse,” situate on the northerly side of, and about 42 feet distant from, their ropewalk, at Bush…
1Opinion of the Court
* Johnson, J.
The questions in this case arise q-79 i -* upon a bill of exceptions. The only point which it seems to me material to notice, is the ruling of the judge, that the description in the policy, of the premises containing the property insured, was not a warranty that the building was occupied as a storehouse only. The insurance was “ $2000 on plaintiffs’ stock as rope-manufacturers, their own or held by them in trust or on commission, contained in the brick building, with tin roof, occupied as a storehouse, situated on the northerly side of, and about forty-two feet distant from,…
2Cases cited8 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
- O'Niel v. . the Buffalo Fire Ins. Co.New York Court of Appeals · 1849
- Fowler v. Ætna Fire Insurance Co.New York Supreme Court · 1827
- Catlin v. Springfield Fire Ins.U.S. Circuit Court for the District of Massachusetts · 1833
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