Fowler v. New York Indemnity Insurance
New York Supreme Court
THIS was an appeal from a decision made at a special term, upon demurrer to the complaint. The action was brought upon a policy of insurance issued by the defendants to Robert Caldwell.
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THIS was an appeal from a decision made at a special term, upon demurrer to the complaint. The action was brought upon a policy of insurance issued by the defendants to Robert Caldwell. The complaint alleged that in and by a policy of insurance, duly issued by the defendants, on the 6th day of January, 1853, they, in consideration of the sum of thirty dollars, to them paid by Caldwell, did insure the said Robert Caldwell, against loss or damage by fire, to the amount of $2000, “on his three story and attic stone building, shingle roof, and also on his water wheel, and on a frame one story…
1Opinion of the CourtBrown, J.
“ The first exception taken to the complaint in this action is, that it does not state what interest Caldwell, the plaintiff’s assignor, had in the property insured, or that he had any interest. The averment of interest may be general, and under that averment the plaintiff may give in evidence any interest which he may have in the subject insured. "Upon looking into the complaint, I find no formal or particular averment of interest, such as was customary under the old system of pleading. I do find, however, the charge, that the insurance was effected on his (Caldwell’s) three story and attic…
2Cases cited5 opinions
- Howard v. Albany InsuranceNew York Supreme Court · 1846
- Granger v. Howard InsuranceNew York Supreme Court · 1830
- Peabody v. Washington County Mutual-InsuranceNew York Supreme Court · 1855
- Elting v. VanderlynNew York Supreme Court · 1809
- Clendining v. ChurchNew York Supreme Court · 1805
3Cited by6 opinions
- Tabor v. Goss & Phillips Mfg. Co.Supreme Court of Colorado · 1888
- Kansas Insurance v. BerrySupreme Court of Kansas · 1871
- Swan v. Liverpool, London & Globe InsuranceMississippi Supreme Court · 1876
- Kelly v. KellyNew York Supreme Court · 1872
- Nichols v. Fayette Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1861
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