New Jersey Law Reports Volume 86 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ... of commissioners of that municipality (Istvan v. Naor, 8'1 N. J. L. 113); and Mr. Lourlenslager's right to exercise the functions of the ofiice of commissioner of the sinking fund, to receive its emoluments, and to have the custody and control of its assets and papers was terminated. This being so, as we have already stated, we are not presently concerned with the question of the 'scope of the power and duty of the new governing body of the city, after its due organization, in providing for the future care and custody of the moneys, assets, books and papers of the sinking fund department. The respondents are entitled to judgment on the demurrer. EDWARD I. PETOW, PLAINTIFF, v. NORTH BRITISH AND MERCANTILE INSURANCE COMPANY OF LONDON AND EDINBURGH, DEFENDANT. Argued November 7, 1913--Decided November 16, 1914. In an action upon a valued fire insurance policy. the primary question to be determined is whether or not the property described in the policy is that which has been injured or destroyed by the fire; and there can be no recovery by the insured unless he proves that fact. On defendant's rule to show cause. Before GUMMERE, ClnEF Jusrrcr:, and Justices PARKER and K.-AI.isen. 86 N. J. L. Petow v. North British and Mercantile Ins. Co.-For the rule, Griggs & Harding. Contra, Ileyman (fi IIe.t/man. The opinion of the court was delivered by GUMMERE, CHIEF' Jusr1crr. This action was brought to recover on a valued policy of fire insurance issued by the defendant company to the plaintiff covering certain paintings, sketches and drawings set out, described and valued in the-policy as follows: "Monk Praying," by Zurbaran.......... $5,000 "The Last Judgment" (panel), attributed to Michael Angelo...