Bennett v. . Agr'l Ins. Co. of Watertown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made October 7, 1884, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was upon a policy of fire insurance. The material facts are stated in tire opinion.
1Opinion of the CourtAndbews, J.
The defense, based upon the statement in the application for insurance, that the house at the time of the application was occupied as a residence by a tenant, when in fact it was vacant and unoccupied, was met on the trial by evidence on the part of the plaintiff that the application was taken by Kellogg, the solicitor and'agent of the defendant, who furnished the printed form of application used by the defendant, and propounded the questions to the plaintiff, and assumed to enter in writing in the blanks left for that purpose in the application, his answers, and that although Kellogg was…
2Cases cited1 opinion
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
3Cited by22 opinions
- McElroy v. British America Assur. Co. of TorontoCourt of Appeals for the Ninth Circuit · 1899
- Gordon v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1917
- Ames v. Employers Casualty Co.California Court of Appeal · 1936
- Germania Life Insurance v. LunkenheimerIndiana Supreme Court · 1891
- Williams v. Pacific States Fire Ins. Co.Oregon Supreme Court · 1926
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