Post & Dowding v. Ætna Insurance
New York Supreme Court
THIS action was'brought upon a policy of insurance issued by the defendant, by which it insured the plaintiff against loss and damage by fire, to the amount of one thousand dollars, upon their stock of flour, mill-feed and grain, contained. in a mill occupied by them, near Attica in Wyoming county.
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THIS action was'brought upon a policy of insurance issued by the defendant, by which it insured the plaintiff against loss and damage by fire, to the amount of one thousand dollars, upon their stock of flour, mill-feed and grain, contained. in a mill occupied by them, near Attica in Wyoming county. The mill, with all its' contents, was destroyed by fire on the 19th of April, 1863. The defendant had issued three other policies of insurance to the plaintiffs, in part upon the mill, and the residue upon the stock. One of those policies had been twice renewed, by certificates for that purpose…
1Opinion of the CourtDaniels, J.
The defendant insisted, upon the trial, that the testimony given on hehalf of the plaintiffs did not establish an agreement to renew the policy in question. That it did not show the time for which the renewal was to be made, the rate of premium to be paid, or the payment of the premium, and excepted to the refusal of the court so to charge. There is no exception otherwise taken upon this part of the case, to the manner in which it was submitted to the jury, and that must now be assumed to have been properly done. And as the jury found a verdict for the plaintiffs, they are entitled to the…
2Cases cited9 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- Commercial Union Assurance Co. v. State ex rel. SmithIndiana Supreme Court · 1888
47 more not listed; retrieve them via the Exa API.