Sprague v. . Holland Purchase Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was upon a policy of fire insurance. The defence was breach of warranty. The facts appear sufficiently in the opinion. Plaintiff’s statements in the application as to the incumbrance on the property and other insurance were warranties and avoided the policy. (Alexander v. Ger. Ins.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was upon a policy of fire insurance. The defence was breach of warranty. The facts appear sufficiently in the opinion. Plaintiff’s statements in the application as to the incumbrance on the property and other insurance were warranties and avoided the policy. (Alexander v. Ger. Ins. Co. [MS. of Ct. Appeals].) Bowers, the agent, being by the terms of the contract plaintiff’s agent, the application and…
1Opinion of the CourtFolger, J.
The defendant claims that there was a warranty by the plaintiff, at the time when the insurance was effected, that there was no other insurance on the property. This claim is based upon the following questions and answers, in the paper called the application for insurance: “ What is your title to the property ?” “ Contract.” “ How much insured in other companies?” “Hone.” The fair interpretation of these questions and answers is, that the plaintiff held the property by a contract for the purchase of it, and that he had no sum insured in other companies. It is insisted that there was a breach…
2Cited by14 opinions
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- Whited v. . Germania Fire Ins. Co.New York Court of Appeals · 1879
- Continental Insurance v. PearceSupreme Court of Kansas · 1888
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