Le Roy v. . the Park Fire Insurance Co.
New York Court of Appeals
The Plaintiffs were owners- of a paper manufactory, situate in Dutchess County, which they desired to have insured in the Defendants' Company. Jordan Phillips was the local agent of the Defendants, and issued the policy on which this suit is brought. The policy hears date of October 2, 1860, and was to continue for the period of one year.
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The Plaintiffs were owners- of a paper manufactory, situate in Dutchess County, which they desired to have insured in the Defendants' Company. Jordan Phillips was the local agent of the Defendants, and issued the policy on which this suit is brought. The policy hears date of October 2, 1860, and was to continue for the period of one year. About six months thereafter, to wit, in May, 1861, an interview took place between the Plaintiff’ Leroy and the agent Phillips, in which Phillips requested a survey to be made of the property, and in which a survey, described as No. 280, was made out, as…
1Opinion of the Court
Hunt, Ch.J.
Assuming the facts to be uncontradicted, that the survey was a valid and effective paper, and that the same was a warrantee, the Defendants asked the Court to charge that,’ as there was no water in the flumes or trunk at the time of the fire, and had not been for five months prior to that, so that none could be' thrown over the building or on the wdieels, the conditions of the survey and policy, in respect to that fact, were violated by the Plaintiffs, and that they could not recover.
If the Defendants had requested the law to be thus charged, that if the jury were of opinion that…
2Cases cited3 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Townsend v. . Northwestern Insurance CompanyNew York Court of Appeals · 1858
3Cited by6 opinions
- McEvoy v. Security Fire InsuranceCourt of Appeals of Maryland · 1909
- Loyal Mutual Fire Insurance v. J. S. Brown & Bro. Mercantile Co.Supreme Court of Colorado · 1909
- American Employers' Ins. v. Raton Wholesale Liquor Co.Court of Appeals for the Tenth Circuit · 1941
- Leasing v. Palatine InsuranceSupreme Court of Colorado · 1914
- Michigan Fire & Marine Insurance v. WichColorado Court of Appeals · 1896
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