Bumstead v. Dividend Mutual Insurance
New York Court of Appeals
Action commenced in the supreme court, October 28th, 1850, on a policy of insurance issued by the defendants to the plaintiff. The place of trial was Rensselaer county, and the cause was referred and tried before a referee.
Read the full summary
Action commenced in the supreme court, October 28th, 1850, on a policy of insurance issued by the defendants to the plaintiff. The place of trial was Rensselaer county, and the cause was referred and tried before a referee. On the, trial the plaintiff read in evidence a policy of insurance made by the defendants, dated the 18th of May, 1850, by which the defendants, a mutual insurance company doing business at Glen’s Falls, Warren county, agreed to insure the plaintiff against loss or damage by fire, to the amount of $1500, which might happen during two years to his stock of merchandise…
1Opinion of the CourtW. F. Allen, J.
The objection that the suit was brought before the expiration of three months from the time when the corrected and more particular statement of the loss was furnished, and was therefore premature, was not taken upon the trial and consequently it cannot be made here. That time *91was for the benefit of the defendants and may have been waived by them, and this objection might have been obviated by evidence of such waiver, or some other evidence, had it been taken at the proper time. Objections of this character are considered waived unless taken upon the trial, where the adverse party may by…
2Cases cited3 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- McLaughlin v. Washington County Mutual InsuranceNew York Supreme Court · 1840
- Norton v. Rensselaer & Saratoga InsuranceNew York Supreme Court · 1827
3Cited by1 opinion
- Brown v. PeopleAppellate Court of Illinois · 1887