Legal Opinion

Peck v. New London County Mutual Insurance

Supreme Court of Connecticut

Decided July 15, 1852PublishedCited by 27 opinions

This was an action, brought by Seth L. and George R. Peck, upon a policy of insurance against loss or damage by fire, to the amount of one thousand dollars, viz., $500 upon a tannery and bark-mill, and $500 on stock therein. The policy declared on was in the usual form, and purported to he pursuant to, and under the conditions and limitations of, the charter of said company.

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This was an action, brought by Seth L. and George R. Peck, upon a policy of insurance against loss or damage by fire, to the amount of one thousand dollars, viz., $500 upon a tannery and bark-mill, and $500 on stock therein. The policy declared on was in the usual form, and purported to he pursuant to, and under the conditions and limitations of, the charter of said company. The declaration alleged, that the plaintiffs were the owners of the property described in said policy, to wit: “ the building mentioned and described in the same, said bark-mill, and the stock, to wit, the hides, leather,…

1Opinion of the CourtHinman, J.

We think the plaintiffs are entitled to retain

their verdict, upon the facts stated in the motion ; and that the several objections to their right to recover can not prevail. First, it is claimed, that the policy is void, because the true state of the plaintiffs’ title to the property insured, was not stated in the proposals. This document is very short: it purports merely to make application for insurance, to the amount of five hundred dollars on a tannery and bark-mill, and also five hundred dollars on the stock of hides, leather and bark therein. The approval of the defendants’ agent is…

2Cited by27 opinions

  1. Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
  2. Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
  3. Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
  4. MacKay v. Aetna Life InsuranceSupreme Court of Connecticut · 1934
  5. Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875

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