Gates v. . the Madison Co. Mutual Ins. Co.
New York Court of Appeals
*-A-:i?:peal from the general of the Supreme Court, in the fifth district, where a judgment had been entered on a verdict in favor of the plaintiff, and a motion for a new trial, made upon a bill of exceptions, denied.
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*-A-:i?:peal from the general of the Supreme Court, in the fifth district, where a judgment had been entered on a verdict in favor of the plaintiff, and a motion for a new trial, made upon a bill of exceptions, denied. (Reported, on a former appeal, 2 N. Y. 43, reversing 3 Barb. 73.) This was an action of assumpsit upon a policy of insurance, whereby the defendants insured the plaintiffs, Gates and Downer, against loss or damage by fire, to the extent of .$1000, upon their tavern, barn and shed, in Durhamville, Madison county, for the term of five years from the 12th December 1838. The…
1Opinion of the CourtJewett, J.
The action in this case was brought in the court below upon a policy of insurance against fire. The property insured was a dwelling or tavern-house, a store, and a barn and shed adjoining the store, situated in the village of Durhamville, town of Verona, in the county of Oneida, and on the north side of the Erie canal; the insurance was for five years, from the 12th of March 1838. The property insured was consumed by fire, on the 25th day of August 1840, of which notice was given to the defendants, as required by the terms of the policy. The policy refers to the plaintiffs’ application for…
2Cases cited6 opinions
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Patapsco Insurance v. CoulterSupreme Court of the United States · 1830
- Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
- Masters v. Madison County Mutual InsuranceNew York Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Stecker v. American Home Fire Assurance Co.New York Court of Appeals · 1949
- Dunbar v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1888
- Karow v. Continental InsuranceWisconsin Supreme Court · 1883
- Behler v. German Mutual Fire Ins.Indiana Supreme Court · 1879
16 more not listed; retrieve them via the Exa API.