Brady v. North Western Insurance
Michigan Supreme Court
Error to Oakland Circuit. The action was brought by Brady upon a policy of insurance for $2,000, issued January 1, 1856, for one year, and renewed annually thereafter, the last renewal being January 1, 1861. The policy covered a three-story wood warehouse owned by Brady, in the city of Detroit.
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Error to Oakland Circuit. The action was brought by Brady upon a policy of insurance for $2,000, issued January 1, 1856, for one year, and renewed annually thereafter, the last renewal being January 1, 1861. The policy covered a three-story wood warehouse owned by Brady, in the city of Detroit. Among the conditions of insurance inserted in the policy was the following: “ X. In case of any loss or damage to the property insured, it shall be optional with the company to replace the articles lost or damaged with others of the same kind and equal goodness, and to rebuild or repair the building or…
1Concurrence
Campbell J.:
As I do not concur in all the views expressed by the Chief Justice, and have arrived at a different conclusion upon the validity of the action of the Circuit Court, I proceed to state the reasons upon which I have formed my opinion.
I concur in holding that if the by-law of the city of Detroit is valid and applicable, the plaintiff should recover on the basis of the claim which he sets up. If that bylaw governs the case ho had no right to repair his building without the leave of the Common Council, which has been refused; and the matter stands so far as he is concerned on the same…
2Cases cited7 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Daggett v. StateSupreme Court of Connecticut · 1821
- Williams v. Michigan Central RailroadMichigan Supreme Court · 1851
- Booth v. StateSupreme Court of Connecticut · 1821
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