Westlake v. St. Lawrence County Mutual Insurance
New York Supreme Court
Appeal by the defendant from a judgment entered at a special term. The complaint was upon a policy of insurance against fire for 2500 dollars on a sawmill at Brantford, in Canada West, issued to Elijah C. Bens, on the 13th June, 1849, for five years from that day.
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Appeal by the defendant from a judgment entered at a special term. The complaint was upon a policy of insurance against fire for 2500 dollars on a sawmill at Brantford, in Canada West, issued to Elijah C. Bens, on the 13th June, 1849, for five years from that day. The building, it was stated, was destroyed by fire on the 17th January, 1851. The policy contained a clause, “that in case the assured or his assigns should thereafter make any other insurance on the same property, and should not with all reasonable diligence, give notice thereof to said company, and have the same indorsed on said…
1Opinion of the CourtWillard, P. J.
The payment by the defendants to the insured, of a part of the sum agreed to be paid by the policy, was a waiver of the usual preliminary proofs. (Vos v. Robinson, 9 John. 192. Johnston v. Columbian Ins. Co., 7 Id. 315.) But the defendants themselves, in a subsequent stage of the trial, gave in evidence the preliminary proofs which the insured had furnished in pursuance of the requirements of the policy. They were substantially in proper form, and do not seem to have been objected to at the time. Aside from the waiver' by partial payment, the production of the papers by the defendants is an…
2Cases cited5 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Smith v. GugertyNew York Supreme Court · 1848
- Lamoure v. CarylNew York Supreme Court · 1847
- Vos v. RobinsonNew York Supreme Court · 1812
- Culver v. HaslamNew York Supreme Court · 1849
3Cited by14 opinions
- Illinois Central Railroad v. SmithIllinois Supreme Court · 1904
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- Bigler v. . New York Central Insurance CompanyNew York Court of Appeals · 1860
- Hellyer v. PeopleIllinois Supreme Court · 1900
- Chicago & Alton Railroad v. LewandowskiIllinois Supreme Court · 1901
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