Brown v. . the Cattaraugus County Mutual Insurance Company
New York Court of Appeals
Appeal from the Supreme Court. Action upon two policies of insurance against loss by fire, issued by the defendant to the plaintiff; one on two stores for $400 each, and the other on a store for $100, and a storehouse, woodshed and hoghouse, all in one building, for $50. Each policy contained a reference to the application of the plaintiff for a more particular description and as forming part of the policy; and there was a provision in each, making the policy void if the…
Read the full summary
Appeal from the Supreme Court. Action upon two policies of insurance against loss by fire, issued by the defendant to the plaintiff; one on two stores for $400 each, and the other on a store for $100, and a storehouse, woodshed and hoghouse, all in one building, for $50. Each policy contained a reference to the application of the plaintiff for a more particular description and as forming part of the policy; and there was a provision in each, making the policy void if the insured had any other insurance against loss by fire on the property, not notified to the defendant, and declaring that if…
1Opinion of the CourtStrong, J.
The admission of the evidence objected to by the defendant, as to the business of Ide, the agent and surveyor of the defendant, in reference to insurance, and what he did and said, and what was said by the plaintiff in respect to the contract of insurance on the stores at the time of making thereof, was erroneous. The answer of the plaintiff to the interrogatory calling for information of the relative situation of the stores as to other buildings, and the statement in the application that all of the exposures within ten rods are mentioned, constitute a warranty that there were no other…
2Cases cited2 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Kennedy v. St. Lawrence County Mutual InsuranceNew York Supreme Court · 1851
3Cited by11 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Rothschild v. American Central InsuranceSupreme Court of Missouri · 1876
- Pechner v. Phœnix InsuranceNew York Supreme Court · 1872
6 more not listed; retrieve them via the Exa API.