Moadinger v. Mechanics' Fire Insurance Co.
The Superior Court of New York City
The defendants insured the plaintiff “ one thousand dollars on “ his stock in trade, as a baker, and on household furniture, contained in a framed dwelling-house and bake-house, front and “ rear, situated at No. 17 Thomas-street,” for one year from the 18th day of March, 1828 : and this action was brought to recover the amount of a loss sustained by a fire which took place on the 12th of September following. The cause was tried before the Chief Justice.
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The defendants insured the plaintiff “ one thousand dollars on “ his stock in trade, as a baker, and on household furniture, contained in a framed dwelling-house and bake-house, front and “ rear, situated at No. 17 Thomas-street,” for one year from the 18th day of March, 1828 : and this action was brought to recover the amount of a loss sustained by a fire which took place on the 12th of September following. The cause was tried before the Chief Justice. At the trial, two questions were raised by the counsel for the defendants ; one as to the extent of the plaintiff’s right of recovery, and…
1Per curiam
The terms “ stock in trade” as used in the policy, are to have a more extended meaning in this case, than in their ordinary application to the business of merchants. The plaintiff was a baker, carrying on business in a limited way. On the day of the fire, his whole stock of bread was upon his cart, and he contends, that in order to give effect to the intention of the parties, his fixtures and implements of business, must be considered as covered by the policy. We think the policy protected every thing which was necessary for the carrying on of the plaintiff’s business ; and such ought to be…
2Cited by2 opinions
- Clark v. Phœnix InsuranceCalifornia Supreme Court · 1868
- Woodworth & Co. v. ConcordSupreme Court of New Hampshire · 1915