Parker v. Arctic Fire Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs, entered upon the decision of the court on trial, without a jury. (Reported below, 1 N. Y. S. C. [T. & C.], 397.) This action was upon a policy of insurance issued by defendant June 4, 1869, insuring plaintiffs’ “brick grist and plaster mill,” situate in the city of Poughkeepsie, for one year.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs, entered upon the decision of the court on trial, without a jury. (Reported below, 1 N. Y. S. C. [T. & C.], 397.) This action was upon a policy of insurance issued by defendant June 4, 1869, insuring plaintiffs’ “brick grist and plaster mill,” situate in the city of Poughkeepsie, for one year. The policy contained this clause: “ This insurance (the risk not being changed) may be continued for such further time as may be agreed on, provided the premium…
1Opinion of the CourtAndrews, J.
The judge on the trial found that the defendant was orally notified before the renewal of the policy that steam power had been introduced into the mill, and consented to continue the insurance, after notice of the change, and thereupon the plaintiffs paid the premium for another year, and received a renewal certificate from the company. The fact of notice was denied by the defendant, but there is evidence *4tending to support the conclusion of the judge, upon that question.
The policy contained a provision, that in case of any change of risk, not made known to the company by the assured, at the…
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