Legal Opinion

Dawes v. North River Insurance

New York Supreme Court

Decided August 15, 1827PublishedCited by 7 opinions

ASSUMPSIT on a policy of insurance against fire; tried at the New York circuit, December 5th, 1825, before EDWARDS, 0. Judge; when the plaintiff made out the following case: The defendants, by a policy, daly executed, insured against fire, for the plaintifi~ a large quantity of wines and other liquors, valued at $3000. Certain conditions were annexed to the policy, and. made part of the contract, The ninth condition required of the insured, the production of certain…

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ASSUMPSIT on a policy of insurance against fire; tried at the New York circuit, December 5th, 1825, before EDWARDS, 0. Judge; when the plaintiff made out the following case: The defendants, by a policy, daly executed, insured against fire, for the plaintifi~ a large quantity of wines and other liquors, valued at $3000. Certain conditions were annexed to the policy, and. made part of the contract, The ninth condition required of the insured, the production of certain documents, and, (among others,) a certificate under the hand of a magistrate, notary public, or clergyman, that they were…

1Opinion of the Court

Curia, per Savage, Ch. J.

The only question is, -whether the president had power to dispense with the preliminary proofs.

By the ninth section of the act incorporating the defendants,. passed February 6, 1822, (sess. 45, ch. 23,) the president, with one-third of the directors,-shall constitute .a quorum; and be competent to the transaction of all the business of the corporation.(a)

By the tenth section, it is provided that -policies signed *464by the president, and countersigned by the secretary, shall be obligatory upon the company; and that all business may be conducted by committees, without the…

2Cases cited2 opinions

  1. Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
  2. Vos v. RobinsonNew York Supreme Court · 1812

3Cited by7 opinions

  1. Peoria Marine & Fire Insurance v. WalserIndiana Supreme Court · 1864
  2. Central City Insurance v. OatesSupreme Court of Alabama · 1888
  3. Plahto v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1866
  4. Corn Exchange Bank v. Cumberland Coal Co.The Superior Court of New York City · 1857
  5. Perry v. Phœnix Assurance Co.U.S. Circuit Court for the District of Rhode Island · 1881

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