Turley v. North American Fire Insurance
New York Supreme Court
This was an action on a policy of insurance tried at the Albany circuit in April, 1840, before the Hon. John P. Cushman, one of the circuit judges.
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This was an action on a policy of insurance tried at the Albany circuit in April, 1840, before the Hon. John P. Cushman, one of the circuit judges. The plaintiff being a cabinet-maker, was insured by the defendants against loss or damage by fire to the amount of $500, upon stock finished and unfinished, tools and lumber, contained in a building, and in a shed in rear thereof, on the east side of North Market street in the city of Albany, for the period of six months and twenty-four days from 10th October, 1837. On the 30th October, 1837, the buildings, with their contents, were consumed by…
1Opinion of the Court
By the Court,
Nelson, C. J.
The only question important to notice in this case, is, whether the certificate of the magistrate furnished to the defendants was a sufficient compliance with the 9th condition of the policy. It is urged 1st, that the magistrate was not the most contiguous to the place of the fire ; and 2d, that the certificate is bad in point of form.
This clause of the contract of insurance is to receive a reasonable interpretation ; its intent and substance, as derived from the language used, should be regarded. There is no more reason for claiming a strict literal compliance with…
2Cited by27 opinions
- Liverpool & London & Globe Insurance v. KearneySupreme Court of the United States · 1901
- United States Mutual Accident Ass'n v. NewmanSupreme Court of Virginia · 1887
- North American Fire Insurance v. ThroopMichigan Supreme Court · 1871
- Mickey v. Burlington Ins.Supreme Court of Iowa · 1872
- Johnson v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1873
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