Van Alen v. Bliven
New York Supreme Court
Slander, tried at the Columbia circuit, in September, 1844, before Parker, C. Judge. The action was for words alleged to have been spoken by the defendant, who was an agent of the “ Saratoga Mutual Fire Insurance Company,” imputing to the plaintiff the offence of fraudulently altering a policy of insurance issued to him by that company, by erasing certain words in the description of the property insured in order to cast upon the company, in the event which had happened, a…
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Slander, tried at the Columbia circuit, in September, 1844, before Parker, C. Judge. The action was for words alleged to have been spoken by the defendant, who was an agent of the “ Saratoga Mutual Fire Insurance Company,” imputing to the plaintiff the offence of fraudulently altering a policy of insurance issued to him by that company, by erasing certain words in the description of the property insured in order to cast upon the company, in the event which had happened, a loss which it had not assumed according to the terms of the policy as issued to the plaintiff. The declaration alleged…
1Opinion of the Court
By the Court, Beardsley, J.
If the execution of the policy of insurance offered in evidence by the plaintiff, had been duly proved, its exclusion by the court was erroneous, and a new trial must be had. The declaration alleges that the policy therein referred to was “ signed and executed by Ransom Cook, then president of said company, and countersigned by Thomas J. Marvin, then secretary thereof,” and it was incumbent on the plaintiff to show that this allegation was true. It was not denied or questioned on the trial that Cook and Marvin were officers of the company as alleged in the…
2Cited by2 opinions
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