New-York Gas Light Co. v. Mechanics Fire Insurance
The Superior Court of New York City
This action was brought to recover the amount of damage sustained by the plaintiffs from the destruction or injury by fire, of certain “ gas meters” and “ fixtures” belonging to them, which had been insured by the defendants in two separate policies.
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This action was brought to recover the amount of damage sustained by the plaintiffs from the destruction or injury by fire, of certain “ gas meters” and “ fixtures” belonging to them, which had been insured by the defendants in two separate policies. The first policy was dated the 12th of May, 182G, and by it, the defendants insured the plaintiffs “ five thousand dollars,” viz : on “fixtures, belonging t.o and rented by the Company, placed or to be placed in the buildings, stores or dwellings of subscribers, “ for seven years.” In case of loss or damage, the injury to be estimated according…
1Per curiam
We think that by the true constitution of these policies, they were intended to cover and did cover all the “fixtures” mentioned therein, to the amount of $2000; and this, whether they were “ placed” before or after the date of the policy. There is an exception it is true, as to losses occasioned by fire, proceeding from gas ; but that does not apply to the-case now before the Court.
As to the parol proof offered by the defendants, it was clearly inadmissible. The contract is to be construed by its own terms plainly expressed in the policies, and it cannot be varied by the proof rejected at…
2Cited by1 opinion
- Murray v. HatchMassachusetts Supreme Judicial Court · 1810