The Superior Court of New York City, 1829

New-York Gas Light Co. v. Mechanics Fire Insurance

New-York Gas Light Co. v. Mechanics Fire Insurance
The Superior Court of New York City · Decided June 15, 1829
2 Hall 108

Counsel

The cause was now argued by Mr. Slosson for the plaintiffs, and by Mr. Jay and Mr. D. B. Ogden for the defendants.

New-York Gas Light Co. v. Mechanics Fire Insurance

Opinion of the Court

Per 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 the trial.

Judgment for the plaintiffs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.